United States v. Jimenez ( 2021 )

Case: 20-10452 Document: 00515801087 Page: 1 Date Filed: 03/30/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
No. 20-10452 March 30, 2021
Conference Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
David Jimenez,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-362-2
Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent David Jimenez 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).
Jimenez has filed a response where he raises a claim of ineffective assistance
*
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opinion should not be published and is not precedent except under the limited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: 20-10452 Document: 00515801087 Page: 2 Date Filed: 03/30/2021
No. 20-10452
of counsel and requests new counsel. The record is not sufficiently
developed to allow us to make a fair evaluation of Jimenez’s claim of
ineffective assistance of 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 Jimenez’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. Jimenez’s request
for the appointment of new counsel is untimely and is therefore DENIED.
2