United States v. Cabrera

Case: 22-40200 Document: 00516447860 Page: 1 Date Filed: 08/25/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 22-40200 August 25, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Humberto Cabrera,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:21-CR-747-2
Before Jolly, Jones, and Ho, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Humberto
Cabrera 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). Cabrera’s motion for leave to file an out-of-time
response is GRANTED, and we have considered his response. The record
*
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opinion should not be published and is not precedent except under the limited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: 22-40200 Document: 00516447860 Page: 2 Date Filed: 08/25/2022
No. 22-40200
is not sufficiently developed to allow us to make a fair evaluation of Cabrera’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 Cabrera’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. Accordingly, counsel’s 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. Cabrera’s motion
for the appointment of new counsel is DENIED as untimely. See United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The motion to seal
the pro se response and the related motion is GRANTED.
2