Case: 20-40154 Document: 00515857008 Page: 1 Date Filed: 05/11/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 11, 2021 No. 20-40154 Lyle W. Cayce Conference Calendar Clerk

United States of America, Plaintiff—Appellee, versus Brandon Jamal Pinson, Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:18-CR-131-11

Before King, Southwick, and Ho, Circuit Judges.

Per Curiam:* The attorney appointed to represent Brandon Jamal Pinson 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). Pinson has filed a response and a request for appointment of

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40154 Document: 00515857008 Page: 2 Date Filed: 05/11/2021

No. 20-40154

substitute counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Pinson’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 Pinson’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. Pinson’s motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).