Case: 21-11133 Document: 00516425409 Page: 1 Date Filed: 08/09/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 9, 2022 No. 21-11133 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Jason Lee Guthrey, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21-CR-41-1

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Jason Lee Guthrey 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). Guthrey has filed a response. The record is not

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-11133 Document: 00516425409 Page: 2 Date Filed: 08/09/2022

No. 21-11133

sufficiently developed to allow us to make a fair evaluation of Guthrey’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 Guthrey’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.