United States v. Turner

Opinion

Case: 20-50537 Document: 00515915717 Page: 1 Date Filed: 06/25/2021

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

FILED June 25, 2021 No. 20-50537 Lyle W. Cayce Conference Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Charles Edward Turner, III,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 6:19-CR-124-1

Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Charles Edward Turner, III, has moved for leave to withdraw and has filed a brief and a supplement in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Turner has filed responses. The

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-50537 Document: 00515915717 Page: 2 Date Filed: 06/25/2021

No. 20-50537

record is not sufficiently developed to allow us to make a fair evaluation of Turner’s 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 briefs and the relevant portions of the record reflected therein, as well as Turner’s responses. 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. The motion to appoint substitute counsel is DENIED.