United States v. Rogers

Case: 21-40462 Document: 00516180664 Page: 1 Date Filed: 01/26/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-40462 January 26, 2022 Summary Calendar

Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Ronald Wayne Rogers, Jr.,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-46-2

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Ronald Wayne Rogers, Jr., 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). Rogers has filed a response. The Case: 21-40462 Document: 00516180664 Page: 2 Date Filed: 01/26/2022

No. 21-40462 record is not sufficiently developed to allow us to make a fair evaluation of Rogers’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 and the relevant portions of the record reflected therein, as well as Rogers’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.