Case: 19-10758 Document: 00515471485 Page: 1 Date Filed: 06/30/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 30, 2020 No. 19-10758 Lyle W. Cayce Conference Calendar Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. KIRBY ERWIN GOWLAND, Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:18-CR-243-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.

PER CURIAM:* The attorney appointed to represent Kirby Erwin Gowland 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). Gowland has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Gowland’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 19-10758 Document: 00515471485 Page: 2 Date Filed: 06/30/2020

No. 19-10758 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 Gowland’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. Gowland’s motions to stay and for leave to file an out-of-time supplemental brief are DENIED.