USA v. Rodriguez-Flores, No. 20-40438 (5th Cir. 2021)

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Case: 20-40438 Document: 00516143698 Page: 1 Date Filed: 12/23/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 23, 2021 No. 20-40438 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Rosendo Rodriguez-Flores, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:18-CR-223-4 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Rosendo Rodriguez-Flores 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). Rodriguez-Flores has filed a response. The record is not * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40438 Document: 00516143698 Page: 2 Date Filed: 12/23/2021 No. 20-40438 sufficiently developed to allow us to make a fair evaluation of RodriguezFlores’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 Rodriguez-Flores’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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