United States v. Adams

Opinion

Case: 20-40091 Document: 00515922614 Page: 1 Date Filed: 07/01/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED July 1, 2021 No. 20-40091 Lyle W. Cayce Conference Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Deandre Marker Adams,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:18-CR-131-14

Before Higginbotham, Costa, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Deandre Marker Adams 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). Adams has filed a response and has moved for 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* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40091 Document: 00515922614 Page: 2 Date Filed: 07/01/2021

No. 20-40091

appointment of substitute counsel. That motion is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). To the extent Adams alleges his trial counsel rendered ineffective assistance, the record is not sufficiently developed to allow us to make a fair evaluation of this claim; 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 Adams’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.