United States v. Aguilar Mateo ( 2022 )

Case: 21-11158 Document: 00516360857 Page: 1 Date Filed: 06/17/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 17, 2022
No. 21-11158
Lyle W. Cayce
Summary Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Cesar Geovanny Aguilar Mateo,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:19-CR-500-2
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Cesar Geovanny Aguilar Mateo
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). Aguilar Mateo has filed a response and moves for the
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-11158 Document: 00516360857 Page: 2 Date Filed: 06/17/2022
No. 21-11158
appointment of new counsel. The record is not sufficiently developed to
allow us to make a fair evaluation of Aguilar Mateo’s 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 Aguilar Mateo’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. Aguilar Mateo’s
motion for the appointment of new counsel is DENIED.
2