United States v. Delgado ( 2023 )

Case: 22-50609 Document: 00516663715 Page: 1 Date Filed: 03/02/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-50609
FILED
March 2, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Christopher Delgado,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:20-CR-2607-1
______________________________
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Christopher
Delgado 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). Delgado has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Delgado’s
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50609 Document: 00516663715 Page: 2 Date Filed: 03/02/2023
No. 22-50609
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 Delgado’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.
2