USA v. Peralta Romero, No. 23-10666 (5th Cir. 2024)

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Case: 23-10666 Document: 43-1 Page: 1 Date Filed: 04/03/2024 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-10666 Summary Calendar ____________ April 3, 2024 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Tlatoani Itzcoatl Peralta Romero, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-124-1 ______________________________ Before Willett, Duncan, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Tlatoani Itzcoatl Peralta Romero 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). Peralta Romero has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Peralta _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10666 Document: 43-1 Page: 2 Date Filed: 04/03/2024 No. 23-10666 Romero’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 record reflected therein, as well as Peralta Romero’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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