U.S. Court of Appeals for the Fifth Circuit, 2023

United States v. Friar

United States v. Friar
U.S. Court of Appeals for the Fifth Circuit · Decided February 10, 2023

United States v. Friar

Opinion

Case: 22-10741 Document: 00516641652 Page: 1 Date Filed: 02/10/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-10741 Summary Calendar FILED ____________ February 10, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Joshua Keith Friar, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 6:21-CR-58-2 ______________________________ Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam: * The attorney appointed to represent Joshua Keith Friar 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).

Friar has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Friar’s claims of ineffective assistance of

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-10741 Document: 00516641652 Page: 2 Date Filed: 02/10/2023

No. 22-10741

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 Friar’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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