USA v. Villarreal, No. 23-50324 (5th Cir. 2023)

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Case: 23-50324 Document: 00516995454 Page: 1 Date Filed: 12/08/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50324 Summary Calendar ____________ FILED December 8, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Max Villarreal, III, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:14-CR-144-1 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * The attorney appointed to represent Max Villarreal, III, 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). Villarreal has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Villarreal’s claims of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50324 Document: 00516995454 Page: 2 Date Filed: 12/08/2023 No. 23-50324 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 Villarreal’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

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