United States v. Perez

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 7, 2023
• Docket: 22-40398
• Status: Unpublished

Opinion

Case: 22-40398 Document: 00516667799 Page: 1 Date Filed: 03/07/2023

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

FILED No. 22-40398 March 7, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Martin Perez, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:21-CR-549-1 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * The attorney appointed to represent Martin Perez, Jr. 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). Perez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Perez’s claims of ineffective assistance of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40398 Document: 00516667799 Page: 2 Date Filed: 03/07/2023

No. 22-40398

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 Perez’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.