United States v. Jimenez

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 30, 2021
• Docket: 20-10452
• Status: Unpublished

Opinion

Case: 20-10452 Document: 00515801087 Page: 1 Date Filed: 03/30/2021

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

FILED No. 20-10452 March 30, 2021 Conference Calendar Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

David Jimenez,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-362-2

Before King, Southwick, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent David Jimenez 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). Jimenez has filed a response where he raises a claim of ineffective assistance

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10452 Document: 00515801087 Page: 2 Date Filed: 03/30/2021

No. 20-10452

of counsel and requests new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Jimenez’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 Jimenez’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. Jimenez’s request for the appointment of new counsel is untimely and is therefore DENIED.