United States v. Leal

Opinion

Case: 23-10818 Document: 64-1 Page: 1 Date Filed: 09/09/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10818 Summary Calendar FILED ____________ September 9, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Mike Leal,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:22-CR-123-2 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * The attorney appointed to represent Mike Leal 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). Leal has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Leal’s claim of ineffective assistance of counsel; we

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10818 Document: 64-1 Page: 2 Date Filed: 09/09/2024

No. 23-10818

therefore decline to consider the Leal’s 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 Leal’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.