United States v. Porter

Opinion

Case: 24-30563 Document: 57-1 Page: 1 Date Filed: 05/30/2025

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

FILED No. 24-30563 May 30, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Brian K. Porter,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:06-CR-279-1 ______________________________

Before Haynes, Higginson, and Oldham, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Brian K. Porter 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). Porter has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Porter’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-30563 Document: 57-1 Page: 2 Date Filed: 05/30/2025

No. 24-30563

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 Porter’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.