United States v. Scott

Opinion

Case: 22-30814 Document: 00516852018 Page: 1 Date Filed: 08/09/2023

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

FILED No. 22-30814 August 9, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Delon Scott,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:21-CR-230-1 ______________________________

Before Willett, Duncan, and Douglas, Circuit Judges. Per Curiam: * The attorney appointed to represent Delon Scott 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). Scott has filed a response and moves for an extension of time and the appointment of new counsel. The record is not sufficiently developed to

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-30814 Document: 00516852018 Page: 2 Date Filed: 08/09/2023

No. 22-30814

allow us to make a fair evaluation of Scott’s general claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Scott’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Scott’s motion for the appointment of new counsel is DENIED, Scott’s motion for an extension of time is also DENIED, 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.