United States v. Gutierrez

Opinion

Case: 25-10296 Document: 41-1 Page: 1 Date Filed: 07/08/2025

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

No. 25-10296 FILED July 8, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Hernan Oscar Gutierrez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-77-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges. Per Curiam:* The attorney appointed to represent Hernan Oscar Gutierrez 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). Gutierrez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gutierrez’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10296 Document: 41-1 Page: 2 Date Filed: 07/08/2025

No. 25-10296

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 Gutierrez’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. Gutierrez’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).