United States v. Bryant

Opinion

Case: 21-10161 Document: 00515939129 Page: 1 Date Filed: 07/15/2021

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

FILED July 15, 2021 No. 21-10161 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Charles Edward Bryant, Jr.,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:20-CR-23-3

Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* The attorney appointed to represent Charles Edward Bryant, 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). Bryant has filed a response. The record is not sufficiently

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10161 Document: 00515939129 Page: 2 Date Filed: 07/15/2021

No. 21-10161

developed to allow us to make a fair evaluation of Bryant’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 Bryant’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.