U.S. Court of Appeals for the Fifth Circuit, 2022

United States v. Harris

United States v. Harris
U.S. Court of Appeals for the Fifth Circuit · Decided May 25, 2022

United States v. Harris

Opinion

Case: 21-10957 Document: 00516332646 Page: 1 Date Filed: 05/25/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 25, 2022 No. 21-10957 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Jamarcus Harris, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:20-CR-151-4

Before Davis, Jones, and Higginson, Circuit Judges.

Per Curiam:* The attorney appointed to represent Jamarcus Harris 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).

Harris has filed a response. The record is not sufficiently developed to allow

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10957 Document: 00516332646 Page: 2 Date Filed: 05/25/2022

No. 21-10957

us to make a fair evaluation of Harris’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 Harris’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.

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