United States v. Cichon

Case: 21-10534 Document: 00516217892 Page: 1 Date Filed: 02/25/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 25, 2022 No. 21-10534

Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Brett Travis Cichon,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-339-21

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Brett Travis Cichon 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). Cichon has filed responses. The record is not sufficiently Case: 21-10534 Document: 00516217892 Page: 2 Date Filed: 02/25/2022

No. 21-10534 developed to allow us to make a fair evaluation of Cichon’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 Cichon’s responses. 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.