Case: 20-10717 Document: 00515699325 Page: 1 Date Filed: 01/08/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 8, 2021 No. 20-10717 Lyle W. Cayce Conference Calendar Clerk

United States of America, Plaintiff—Appellee, versus Mearvin Eugene Hamilton, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-26-1

Before King, Southwick, and Ho, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Mearvin Eugene Hamilton 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). Hamilton has filed a response and an incorporated

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10717 Document: 00515699325 Page: 2 Date Filed: 01/08/2021

No. 20-10717

motion to appoint new counsel, which is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The record is not sufficiently developed to allow us to make a fair evaluation of Hamilton’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 Hamilton’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.