United States v. Trevino

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 13, 2023
• Docket: 22-10533
• Status: Unpublished

Opinion

Case: 22-10533 Document: 00516643354 Page: 1 Date Filed: 02/13/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10533 Summary Calendar FILED ____________ February 13, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Ruben Lee Trevino,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:21-CR-46-1 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * The attorney appointed to represent Ruben Lee Trevino 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). Trevino has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Trevino’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10533 Document: 00516643354 Page: 2 Date Filed: 02/13/2023

No. 22-10533

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 Trevino’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.