United States v. Johnson

Opinion

Case: 21-10174 Document: 00516198431 Page: 1 Date Filed: 02/10/2022

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

FILED No. 21-10174 February 10, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Catrell Tywarren Johnson,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-306-1

Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Catrell Tywarren 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’s motion for leave to file an out-of-time response is

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10174 Document: 00516198431 Page: 2 Date Filed: 02/10/2022

No. 21-10174

GRANTED. Johnson’s motion for this court to reject counsel’s Anders brief and appoint new counsel is DENIED as untimely because it was made after counsel filed his motion to withdraw and Anders brief. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The record is not sufficiently developed to allow us to make a fair evaluation of Johnson’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 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.