USA v. Campos-Basurto, No. 23-40173 (5th Cir. 2024)

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Case: 23-40173 Document: 00517061502 Page: 1 Date Filed: 02/09/2024 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED February 9, 2024 No. 23-40173 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ricardo Campos-Basurto, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-321-1 ______________________________ Before Jolly, Higginson, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent Ricardo Campos-Basurto 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). Campos-Basurto has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Campos_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40173 Document: 00517061502 Page: 2 Date Filed: 02/09/2024 No. 23-40173 Basurto’s claims of ineffective assistance of counsel; we therefore decline to consider those 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 Campos-Basurto’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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