United States v. Cole

Opinion

Case: 22-50142 Document: 00516607715 Page: 1 Date Filed: 01/11/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50142 Summary Calendar FILED ____________ January 11, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Harry Cole,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:18-CR-333-1 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * The attorney appointed to represent Harry Cole 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). Cole has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Cole’s claim of ineffective assistance of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50142 Document: 00516607715 Page: 2 Date Filed: 01/11/2023

No. 22-50142

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 Cole’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. We interpret Cole’s response as including a motion to appoint new counsel. Because Cole was provided counsel on this appeal who fully complied with his responsibilities to represent him, we DENY the motion to appoint another counsel. 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.