United States v. Johnson

Opinion

Case: 20-20482 Document: 00515886216 Page: 1 Date Filed: 06/03/2021

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

FILED June 3, 2021 No. 20-20482 Lyle W. Cayce Conference Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Brandon Johnson,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-304-2

Before King, Southwick, and Ho, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Brandon Johnson 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). Johnson has filed a response. The record is not

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-20482 Document: 00515886216 Page: 2 Date Filed: 06/03/2021

No. 20-20482

sufficiently developed to allow us to make a fair evaluation of Johnson’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 Johnson’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.