United States v. Najera ( 2023 )

Case: 22-50995 Document: 00516865662 Page: 1 Date Filed: 08/21/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50995
Summary Calendar FILED
____________ August 21, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Christopher Najera,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:22-CR-43-1
______________________________
Before Davis, Haynes, and Ho, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Christopher Najera 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). Najera has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Najera’s claims of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50995 Document: 00516865662 Page: 2 Date Filed: 08/21/2023
No. 22-50995
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 Najera’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