USA v. Mireles, No. 21-51162 (5th Cir. 2022)

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Case: 21-51162 Document: 00516379995 Page: 1 Date Filed: 07/01/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 1, 2022 No. 21-51162 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Israel Mireles, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas No. 7:21-CR-188-1 Before Smith, Stewart, and Graves, Circuit Judges. Per Curiam:* The attorney appointed to represent Israel Mireles has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Mireles has filed responses. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-51162 Document: 00516379995 Page: 2 Date Filed: 07/01/2022 No. 21-51162 The record is not sufficiently developed for a fair evaluation of Mireles’s claims of ineffective assistance of counsel; we therefore decline to consider them without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief, relevant portions of the record, and Mireles’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. Mireles’s motion for appointment of counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998). 2

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