United States v. Tristan ( 2023 )

Case: 23-10220 Document: 00516930372 Page: 1 Date Filed: 10/13/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-10220
Summary Calendar FILED
____________ October 13, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Henry Florencio Tristan,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:22-CR-53-1
______________________________
Before Higginbotham, Stewart, and Southwick, Circuit
Judges.
Per Curiam: *
The attorney appointed to represent Henry Florencio Tristan 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). Tristan has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Tristan’s claims of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10220 Document: 00516930372 Page: 2 Date Filed: 10/13/2023
No. 23-10220
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 Tristan’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