United States v. Vo

Opinion

Case: 21-40249 Document: 00516097165 Page: 1 Date Filed: 11/17/2021

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

FILED November 17, 2021 No. 21-40249 Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Kathe Tran Vo,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-309-1

Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:* The attorney appointed to represent Kathe Tran Vo 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). Vo has filed a response. The record is not sufficiently developed to allow us

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-40249 Document: 00516097165 Page: 2 Date Filed: 11/17/2021

No. 21-40249

to make a fair evaluation of Vo’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 brief and the relevant portions of the record reflected therein, as well as Vo’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. Vo’s motion for the appointment of new counsel, or, alternatively, the right to proceed pro se is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).