United States v. Matthews

Opinion

Case: 22-50608 Document: 00516755674 Page: 1 Date Filed: 05/18/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50608 Summary Calendar FILED ____________ May 18, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Kristopher Sean Matthews,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:20-CR-488-1 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * The attorney appointed to represent Kristopher Sean Matthews 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). Matthews has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Matthews’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50608 Document: 00516755674 Page: 2 Date Filed: 05/18/2023

No. 22-50608

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 Matthews’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.