United States v. Grant

Case: 21-20285 Document: 00516169723 Page: 1 Date Filed: 01/18/2022

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit FILED January 18, 2022 No. 21-20285 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Tom Grant,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-305-3

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Tom Grant 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). Grant has filed a response, in which he raises, among other things, a claim of Case: 21-20285 Document: 00516169723 Page: 2 Date Filed: 01/18/2022

No. 21-20285 ineffective assistance of counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Grant’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 Grant’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.