United States v. Smith

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 19, 2025
• Docket: 24-10496
• Status: Unpublished

Opinion

Case: 24-10496 Document: 46-1 Page: 1 Date Filed: 02/19/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED February 19, 2025 No. 24-10496 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

LaDarius Alton Smith,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CR-211-1 ______________________________

Before Wiener, Higginson, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent defendant-appellant LaDarius Alton Smith 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). Smith has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Smith’s

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10496 Document: 46-1 Page: 2 Date Filed: 02/19/2025

No. 24-10496

claims of 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 Smith’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.