United States v. Pullins

Case: 22-30558 Document: 00516670765 Page: 1 Date Filed: 03/09/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-30558

FILED March 9, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Keyon Pullins,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:21-CR-40-1 ______________________________

Before King, Higginson, and Willett, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Keyon Pullins 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). Pullins has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Pullins’s claim Case: 22-30558 Document: 00516670765 Page: 2 Date Filed: 03/09/2023

No. 22-30558 sounding in 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 Pullins’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.