United States v. Cooper

Opinion

Case: 23-40634 Document: 44-1 Page: 1 Date Filed: 09/25/2024

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

____________ FILED September 25, 2024 No. 23-40634 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Lazaro Asa Cooper,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:22-CR-594-1 ______________________________

Before Elrod, Haynes, and Duncan, Circuit Judges. Per Curiam: * The attorney appointed to represent Lazaro Asa Cooper 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). Cooper has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Cooper’s claim of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40634 Document: 44-1 Page: 2 Date Filed: 09/25/2024

No. 23-40634

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 Cooper’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.