United States v. Cruz-Silva

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 9, 2022
• Docket: 21-51250
• Status: Unpublished

Opinion

Case: 21-51250 Document: 00516573629 Page: 1 Date Filed: 12/09/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-51250 Summary Calendar FILED December 9, 2022 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Golwer Jovany Cruz-Silva,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-813-1

Before Jolly, Oldham, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Golwer Jovany Cruz-Silva 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). Cruz-Silva has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Cruz-Silva’s claims of

* This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 21-51250 Document: 00516573629 Page: 2 Date Filed: 12/09/2022

No. 21-51250

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 Cruz-Silva’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.