United States v. Castro

Opinion

Case: 19-20594 Document: 00516708925 Page: 1 Date Filed: 04/12/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 19-20594 FILED April 12, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Ivan Pagoaga Castro,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-196-1 ______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Ivan Pagoaga Castro has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Castro has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Castro’s claims

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 19-20594 Document: 00516708925 Page: 2 Date Filed: 04/12/2023

No. 19-20594

of ineffective assistance of counsel; 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). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Castro’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.