United States v. Stephen Daigle

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 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).