United States v. Stephen Daigle
United States v. Stephen Daigle
Opinion
Case: 21-30271 Document: 00516179115 Page: 1 Date Filed: 01/25/2022
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 25, 2022 No. 21-30271 Lyle W. Cayce consolidated with Clerk No. 21-30273 Summary Calendar
United States of America, Plaintiff—Appellee, versus Stephen Daigle, Defendant—Appellant.
Appeals from the United States District Court for the Middle District of Louisiana USDC No. 3:18-CR-39-1 USDC No. 3:18-CR-15-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:* The Federal Public Defender appointed to represent Stephen Daigle has moved for leave to withdraw and has filed a brief in accordance with
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-30271 Document: 00516179115 Page: 2 Date Filed: 01/25/2022
No. 21-30271
Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Daigle has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Daigle’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief, the supplemental brief, and the relevant portions of the record reflected therein, as well as Daigle’s responses. We concur with counsel’s assessment that the appeals present no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEALS ARE DISMISSED. See 5th Cir. R. 42.2.
Daigle’s pro se motion for appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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