U.S. Court of Appeals for the Fifth Circuit, 2021

United States v. Chang

United States v. Chang
U.S. Court of Appeals for the Fifth Circuit · Decided August 17, 2021

United States v. Chang

Opinion

Case: 20-10100 Document: 00515981601 Page: 1 Date Filed: 08/17/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 17, 2021 No. 20-10100 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Wayne Joseph Chang, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-588-2

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:* The attorney appointed to represent Wayne Joseph Chang 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). Chang has filed a response. Among other things, he argues that

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10100 Document: 00515981601 Page: 2 Date Filed: 08/17/2021

No. 20-10100

he received ineffective assistance of counsel in connection with his decision to plead guilty and his sentencing. The record is not sufficiently developed to allow us to make a fair evaluation of these claims; we therefore decline to consider them 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 Chang’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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. To the extent Chang moves for the appointment of substitute counsel, the motion is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

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