United States v. Guzman

Case: 22-10448 Document: 00516775176 Page: 1 Date Filed: 06/05/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10448
Summary Calendar FILED
____________ June 5, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Albert Guzman,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:21-CR-43-1
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Albert Guzman 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).
Guzman has filed a response. The record is not sufficiently developed to
allow us to make a fair evaluation of Guzman’s claims of ineffective
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10448 Document: 00516775176 Page: 2 Date Filed: 06/05/2023
No. 22-10448
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 Guzman’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. Guzman’s request for
the appointment of substitute counsel is DENIED as untimely. Cf. United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). His requests for an
extension of time to file an additional response are also DENIED.
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