Case: 22-20205 Document: 00516516172 Page: 1 Date Filed: 10/20/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-20205 FILED Summary Calendar October 20, 2022 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus Marqui Lamon Davis, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-561-2

Before Davis, Duncan, and Engelhardt, Circuit Judges.

Per Curiam:* The attorney appointed to represent Marqui Lamon Davis 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). Davis has filed a response. The record is not sufficiently

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-20205 Document: 00516516172 Page: 2 Date Filed: 10/20/2022

No. 22-20205

developed to allow us to make a fair evaluation of Davis’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 Davis’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.