United States v. Perez ( 2023 )

Case: 22-40398 Document: 00516667799 Page: 1 Date Filed: 03/07/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 22-40398 March 7, 2023
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Martin Perez, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:21-CR-549-1
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Martin Perez, Jr. 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).
Perez has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Perez’s claims of ineffective assistance of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40398 Document: 00516667799 Page: 2 Date Filed: 03/07/2023
No. 22-40398
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 Perez’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