United States v. Harris

Case: 22-40111 Document: 00516424298 Page: 1 Date Filed: 08/08/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 8, 2022 No. 22-40111

Lyle W. Cayce Summary Calendar

Clerk

United States of America,

Plaintiff—Appellee, versus

Kelvin Lorenzo Harris,

Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:21-CR-13-1

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Kelvin Lorenzo 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 Case: 22-40111 Document: 00516424298 Page: 2 Date Filed: 08/08/2022

No. 22-40111 developed to allow 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.