United States v. Hawkins

Opinion

Case: 25-11128 Document: 43-1 Page: 1 Date Filed: 03/12/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 12, 2026 No. 25-11128 Summary Calendar Lyle W. Cayce Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Byron Tremaine Hawkins, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:25-CR-21-2 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Byron Tremaine Hawkins, 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). Hawkins has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-11128 Document: 43-1 Page: 2 Date Filed: 03/12/2026

No. 25-11128

Hawkins’s claim of ineffective assistance of 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 Hawkins’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.