United States v. Jimenez

Opinion

Case: 22-40798 Document: 00516791897 Page: 1 Date Filed: 06/19/2023

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

____________ FILED June 19, 2023 No. 22-40798 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Gerardo Jimenez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:20-CR-2062-1 ______________________________

Before Jolly, Stewart, and Oldham, Circuit Judges. Per Curiam: * The attorney appointed to represent Gerardo 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. The record is not sufficiently developed to allow us to make a fair evaluation of Jimenez’s claims of ineffective assistance

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40798 Document: 00516791897 Page: 2 Date Filed: 06/19/2023

No. 22-40798

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 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.