United States v. Wilson

Opinion

Case: 23-10748 Document: 46-1 Page: 1 Date Filed: 03/07/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10748 Summary Calendar FILED ____________ March 7, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Willie Roy Wilson, III,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:22-CR-83-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Willie Roy Wilson, III, 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). Wilson has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10748 Document: 46-1 Page: 2 Date Filed: 03/07/2024

No. 23-10748

Wilson’s claim of 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 Wilson’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.