United States v. James

Opinion

Case: 21-10697 Document: 00516222291 Page: 1 Date Filed: 03/02/2022

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

FILED March 2, 2022 No. 21-10697 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Gustavo David James,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-309-1

Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Gustavo David James 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). James has filed a response in which he alleges ineffective

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10697 Document: 00516222291 Page: 2 Date Filed: 03/02/2022

No. 21-10697

assistance of counsel and which is liberally construed as requesting new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of James’s claim of 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 James’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. Insofar as James moves for the appointment of counsel, his motion is DENIED.