United States v. Ysassi

Case: 20-40195 Document: 00515920872 Page: 1 Date Filed: 06/30/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 30, 2021 No. 20-40195 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Martin Ysassi, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-1-2 Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Martin Ysassi 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). Ysassi’s motion for leave to file an out of-time response is GRANTED. The * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40195 Document: 00515920872 Page: 2 Date Filed: 06/30/2021 No. 20-40195 record is not sufficiently developed to allow us to make a fair evaluation of Ysassi’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 Ysassi’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