United States v. Tovar-Campos ( 2023 )

Case: 22-10996 Document: 00516744813 Page: 1 Date Filed: 05/10/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 22-10996 May 10, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Martin Tovar-Campos,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:21-CR-376-1
______________________________
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Martin Tovar-Campos 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). Tovar-Campos has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Tovar-
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10996 Document: 00516744813 Page: 2 Date Filed: 05/10/2023
No. 22-10996
Campos’s 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 rec-
ord reflected therein, as well as Tovar-Campos’s response. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for ap-
pellate review. Accordingly, counsel’s motion for leave to withdraw is
GRANTED, and counsel is excused from further responsibilities herein.
The appeal is DISMISSED in part as frivolous, see 5th Cir. R. 42.2, and
in part as moot based on Tovar-Campos’s completion of his sentence, see
Spencer v. Kemna, 523 U.S. 1, 7 (1998).
2