United States v. Lee

Opinion

Case: 23-40380 Document: 00516998204 Page: 1 Date Filed: 12/12/2023

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

No. 23-40380 FILED December 12, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Marlon Rando Lee,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-295-1 ______________________________

Before King, Haynes, and Graves, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Marlon Rando Lee 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). Lee has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Lee’s claims of ineffective

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40380 Document: 00516998204 Page: 2 Date Filed: 12/12/2023

No. 23-40380

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 Lee’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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.