United States v. Sears

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 8, 2024
• Docket: 23-40135
• Status: Unpublished

Opinion

Case: 23-40135 Document: 00517059885 Page: 1 Date Filed: 02/08/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED February 8, 2024 No. 23-40135 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Cortese Sears,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-203-1 ______________________________

Before Elrod, Willett, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent Cortese Sears has moved for leave to withdraw and has filed a brief that relies on Anders v. California, 386 U.S. 738 (1967). Sears has not filed a response. Counsel’s brief is inadequate in the following respect. Counsel has not addressed whether there is a nonfrivolous issue for appeal on plain error review as to whether Sears’s conviction under 18 U.S.C. § 922(g)(1) violates

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40135 Document: 00517059885 Page: 2 Date Filed: 02/08/2024

No. 23-40135

the Second Amendment in light of New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), and whether such a challenge is barred by the appeal waiver in Sears’s plea agreement. Counsel is ORDERED to file within 30 days a supplemental Anders brief addressing the above issue or, in the alternative, a brief on the merits addressing any nonfrivolous issues that counsel deems appropriate. The motion to withdraw is CARRIED with the case. This motion will be considered moot if a merits brief is filed.