United States v. Rivera

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 6, 2026
• Docket: 25-10597
• Status: Unpublished

Opinion

Case: 25-10597 Document: 44-1 Page: 1 Date Filed: 01/06/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-10597 Summary Calendar FILED ____________ January 6, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Eddie Boy Rivera,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-309-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Rivera 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). Rivera has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rivera’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10597 Document: 44-1 Page: 2 Date Filed: 01/06/2026

No. 25-10597

ineffective assistance 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 Rivera’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.