United States v. Allen

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 10, 2021
• Docket: 20-20335
• Status: Unpublished

Opinion

Case: 20-20335 Document: 00515773856 Page: 1 Date Filed: 03/10/2021

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

FILED No. 20-20335 March 10, 2021 Conference Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Jamal Tyrea Allen,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-408-1

Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The attorney appointed to represent Jamal Tyrea Allen 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). Allen has filed a response. The record is not sufficiently developed to allow

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-20335 Document: 00515773856 Page: 2 Date Filed: 03/10/2021

No. 20-20335

us to make a fair evaluation of Allen’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 Allen’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.