United States v. Flores

Opinion

Case: 21-50998 Document: 00516293827 Page: 1 Date Filed: 04/25/2022

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

FILED April 25, 2022 No. 21-50998 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Bobby Joe Flores,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 2:20-CR-1355-1

Before King, Costa, and Ho, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Bobby Joe Flores 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). Flores has filed a response. The record is not sufficiently

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50998 Document: 00516293827 Page: 2 Date Filed: 04/25/2022

No. 21-50998

developed to allow us to make a fair evaluation of Flores’s claims 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 brief and the relevant portions of the record reflected therein, as well as Flores’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.