United States v. David-Usuga ( 2023 )

Case: 22-20134 Document: 00516644405 Page: 1 Date Filed: 02/13/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 22-20134 February 13, 2023
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Joaquin Guillermo David-Usuga,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CR-469-1
______________________________
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Joaquin Guillermo David-Usuga
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). David-Usuga has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of David-Usuga’s
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-20134 Document: 00516644405 Page: 2 Date Filed: 02/13/2023
No. 22-20134
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 David-Usuga’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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