USA v. Sotelo, No. 23-10405 (5th Cir. 2023)

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Case: 23-10405 Document: 00517000070 Page: 1 Date Filed: 12/13/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10405 Summary Calendar ____________ FILED December 13, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Rosalba Sotelo, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 2:22-CR-26-1 ______________________________ Before Higginbotham, Stewart, and Southwick, Circuit Judges. Per Curiam: * The attorney appointed to represent Rosalba Sotelo 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). Sotelo has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Sotelo’s claim of ineffective assistance of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10405 Document: 00517000070 Page: 2 Date Filed: 12/13/2023 No. 23-10405 counsel; we therefore decline to consider the claim 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 Sotelo’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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