United States v. Gonzalez Hernandez

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 9, 2023
• Docket: 22-10842
• Status: Unpublished

Opinion

Case: 22-10842 Document: 00516781755 Page: 1 Date Filed: 06/09/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10842 Summary Calendar FILED ____________ June 9, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Jose Hugo Gonzalez Hernandez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CR-305-1 ______________________________

Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam: * The attorney appointed to represent Jose Hugo Gonzalez Hernandez 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). Gonzalez Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gonzalez

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10842 Document: 00516781755 Page: 2 Date Filed: 06/09/2023

No. 22-10842

Hernandez’s claims of ineffective assistance of counsel; we therefore decline to consider them 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 Gonzalez Hernandez’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.