United States v. Rivera

Court of Appeals for the Fifth Circuit·Decided January 6, 2026·No. 25-10597·Unpublished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.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
United States v. Flores
632 F.3d 229 (Fifth Circuit, 2011)
United States v. Gilbert Isgar
739 F.3d 829 (Fifth Circuit, 2014)