United States v. Taylor

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 16, 2023
• Docket: 22-40468
• Status: Unpublished

Opinion

Case: 22-40468 Document: 00516679371 Page: 1 Date Filed: 03/16/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 16, 2023 No. 22-40468 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Tyvarius Daitron Taylor,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-382-8 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * The attorney appointed to represent Tyvarius Daitron Taylor 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). Taylor has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Taylor’s claim of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40468 Document: 00516679371 Page: 2 Date Filed: 03/16/2023

No. 22-40468

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 Taylor’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.