United States v. Ortega-Torres

Case: 22-10550 Document: 00516651223 Page: 1 Date Filed: 02/20/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10550
Summary Calendar FILED
____________ February 20, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Sergio Eleazar Ortega-Torres,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:21-CR-310-1
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Sergio Eleazar
Ortega-Torres 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). Ortega-Torres has filed a response.
The record is not sufficiently developed to allow us to make a fair evaluation
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10550 Document: 00516651223 Page: 2 Date Filed: 02/20/2023
No. 22-10550
of Ortega-Torres’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 Ortega-Torres’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.
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