United States v. Joseph Berzat ( 2019 )

Case: 19-20032 Document: 00515204967 Page: 1 Date Filed: 11/19/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 19-20032
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
November 19, 2019
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSEPH BERZAT,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 4:17-CR-254-1
Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Joseph Berzat 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).
Berzat has filed a response and an incorporated motion to appoint new counsel,
which is DENIED. The record is not sufficiently developed to allow us to make
a fair evaluation of Berzat’s claim of ineffective assistance of counsel; we
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 19-20032 Document: 00515204967 Page: 2 Date Filed: 11/19/2019
No. 19-20032
therefore decline to consider the claim without prejudice to his petition for
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 Berzat’s response. We concur in counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
To the extent that Berzat challenges Count 2 of his conviction for aiding and
abetting the use and discharge of a firearm during the commission of a crime
of violence and his sentence, his arguments are barred by the waiver provision
in his knowing and voluntary plea agreement. 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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