United States v. Barnett

Opinion

Case: 19-50913 Document: 00515849395 Page: 1 Date Filed: 05/05/2021

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

FILED No. 19-50913 May 5, 2021 Conference Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Vincent Lamar Barnett, Jr.,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 5:17-CR-566-1

Before Graves, Willett, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent Vincent Lamar Barnett, Jr., 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). Barnett has filed a response. To the extent that Barnett

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-50913 Document: 00515849395 Page: 2 Date Filed: 05/05/2021

No. 19-50913

argues that counsel rendered ineffective assistance, the record is not sufficiently developed to allow us to make a fair evaluation of these claims; 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 Barnett’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.