United States v. Jones

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 1, 2022
• Docket: 20-11063
• Status: Unpublished

Opinion

Case: 20-11063 Document: 00516188182 Page: 1 Date Filed: 02/01/2022

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

FILED February 1, 2022 No. 20-11063 Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Roderick Dewayne Jones,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-90-3

Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* The attorney appointed to represent Roderick Dewayne Jones has moved for leave to withdraw and has filed a brief and supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Jones has filed responses and moves

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-11063 Document: 00516188182 Page: 2 Date Filed: 02/01/2022

No. 20-11063

for the appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Jones’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 briefs and the relevant portions of the record reflected therein, as well as Jones’s responses. 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. Jones’s motion for the appointment of new counsel is DENIED.