United States v. Tucker

Opinion

Case: 23-10723 Document: 54-1 Page: 1 Date Filed: 02/28/2024

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

No. 23-10723 FILED February 28, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Christopher Jerome Tucker,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-115-1 ______________________________

Before King, Haynes, and Graves, Circuit Judges. Per Curiam: * The attorney appointed to represent Christopher Jerome Tucker 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). Tucker has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Tucker’s claims of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10723 Document: 54-1 Page: 2 Date Filed: 02/28/2024

No. 23-10723

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 Tucker’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. Tucker’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).