United States v. Valle

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 24, 2025
• Docket: 24-40475
• Status: Unpublished

Opinion

Case: 24-40475 Document: 58-1 Page: 1 Date Filed: 02/24/2025

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

No. 24-40475 FILED February 24, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Martin Valle,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:22-CR-17-1 ______________________________

Before Elrod, Chief Judge, and Haynes, and Duncan, Circuit Judges. Per Curiam: * The attorney appointed to represent Martin Valle 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). Valle has not filed a response. Insofar as the pro se notice of appeal is raising a claim of ineffective assistance of counsel or that his guilty plea was made

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-40475 Document: 58-1 Page: 2 Date Filed: 02/24/2025

No. 24-40475

under coercion or was based on an unkept promise, the record is not sufficiently developed to allow us to make a fair evaluation of Valle’s claims; we therefore decline to consider these claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett, 742 F.2d 173, 176-78 & n.11 (5th Cir. 1984). We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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.