United States v. Ayala-Ochoa

Case: 25-11347 Document: 55-1 Page: 1 Date Filed: 07/29/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-11347 July 29, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Darwin Ayala-Ochoa, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-188-8 ______________________________ Before King, Higginson, and Douglas, Circuit Judges.

Per Curiam: * The attorney appointed to represent Darwin Ayala-Ochoa has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Ayala-Ochoa has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Ayala-Ochoa’s Case: 25-11347 Document: 55-1 Page: 2 Date Filed: 07/29/2026

No. 25-11347 claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Ayala-Ochoa’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.