USA v. Gonzales, No. 22-10537 (5th Cir. 2023)

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Case: 22-10537 Document: 00516658865 Page: 1 Date Filed: 02/28/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10537 Summary Calendar ____________ FILED February 28, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus John David Gonzales, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 6:21-CR-58-3 ______________________________ Before Jolly, Jones, and Ho, Circuit Judges. Per Curiam: * The attorney appointed to represent John David Gonzales 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). Gonzales has filed a response and requested the appointed of substitute counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Gonzales’s claims of ineffective assistance of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10537 Document: 00516658865 Page: 2 Date Filed: 02/28/2023 No. 22-10537 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). Additionally, Gonzales’s request for the appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Gonzales’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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