United States v. Silva-Martinez

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 18, 2025
• Docket: 24-20526
• Status: Unpublished

Opinion

Case: 24-20526 Document: 42-1 Page: 1 Date Filed: 06/18/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-20526 Summary Calendar FILED ____________ June 18, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Jose Jaime Silva-Martinez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CR-6-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Jose Jaime Silva- Martinez 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). Silva-Martinez has filed a response and an incorporated motion to appoint new counsel, which is DENIED. See United

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-20526 Document: 42-1 Page: 2 Date Filed: 06/18/2025

No. 24-20526

States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The record is not sufficiently developed to allow us to make a fair evaluation of Silva- Martinez’s claims of 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 Silva-Martinez’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.