United States v. Perkins

Opinion

Case: 21-11113 Document: 00516320862 Page: 1 Date Filed: 05/16/2022

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

FILED May 16, 2022 No. 21-11113 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Roaryrious Perkins,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:21-CR-24-1

Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Roaryrious Perkins 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). Perkins has filed a response. As to Perkins’s claims

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-11113 Document: 00516320862 Page: 2 Date Filed: 05/16/2022

No. 21-11113

of ineffective assistance of counsel, the record is not sufficiently developed to allow us to make a fair evaluation of them; 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). Otherwise, we have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Perkins’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.