United States v. Graham

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 10, 2025
• Docket: 24-10321
• Status: Unpublished

Opinion

Case: 24-10321 Document: 72-1 Page: 1 Date Filed: 04/10/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10321 Summary Calendar FILED April 10, 2025 ____________ Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Christopher Graham,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-176-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam: * The attorney appointed to represent Christopher Graham 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). Graham has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Graham’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10321 Document: 72-1 Page: 2 Date Filed: 04/10/2025

No. 24-10321

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 Graham’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. Likewise, Graham’s motion to appoint new counsel is DENIED.