USA v. Delgado, No. 22-50609 (5th Cir. 2023)

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Case: 22-50609 Document: 00516663715 Page: 1 Date Filed: 03/02/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-50609 Summary Calendar ____________ March 2, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Christopher Delgado, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:20-CR-2607-1 ______________________________ Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Christopher Delgado 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). Delgado has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Delgado’s _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50609 Document: 00516663715 Page: 2 Date Filed: 03/02/2023 No. 22-50609 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 Delgado’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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