United States v. Winstead

Case: 22-50195 Document: 00516691952 Page: 1 Date Filed: 03/28/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-50195

Summary Calendar FILED ____________ March 28, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

James Alexander Winstead,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:21-CR-231-2 ______________________________

Before Jolly, Jones, and Ho, Circuit Judges.

Per Curiam: *

The attorney appointed to represent James Alexander Winstead 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). Winstead has filed a response. To the extent that Winstead attempts to raise a claim of ineffective assistance of counsel, the record is not Case: 22-50195 Document: 00516691952 Page: 2 Date Filed: 03/28/2023

No. 22-50195 sufficiently developed to allow us to make a fair evaluation of Winstead’s claim; 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 Winstead’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.