United States v. Cartagena-Guevara

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 11, 2024
• Docket: 24-10390
• Status: Unpublished

Opinion

Case: 24-10390 Document: 56-1 Page: 1 Date Filed: 11/11/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10390 Summary Calendar FILED ____________ November 11, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Fidel Cartagena-Guevara,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-263-1 ______________________________

Before Graves, Willett, and Wilson, Circuit Judges. Per Curiam: * The attorney appointed to represent Fidel Cartagena-Guevara 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). Cartagena-Guevara has filed a response. The record is insufficiently developed to permit consideration of Cartagena-Guevara’s

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10390 Document: 56-1 Page: 2 Date Filed: 11/11/2024

No. 24-10390

claims of ineffective assistance of counsel or that his guilty plea was made under coercion or was based on an unkept promise; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176-78 & n.11 (5th Cir. 1984). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cartagena-Guevara’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.