USA v. Escalante, No. 21-11109 (5th Cir. 2022)

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Case: 21-11109 Document: 00516290830 Page: 1 Date Filed: 04/22/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 22, 2022 No. 21-11109 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Johnny Escalante, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-221-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Johnny Escalante 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). Escalante 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 The record is not * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-11109 Document: 00516290830 Page: 2 Date Filed: 04/22/2022 No. 21-11109 sufficiently developed to allow us to make a fair evaluation of Escalante’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 Escalante’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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