United States v. Mayberry

Case: 22-10865 Document: 00516863108 Page: 1 Date Filed: 08/18/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-10865

Summary Calendar FILED ____________ August 18, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Paul Henry Mayberry,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-207-1 ______________________________

Before Jones, Graves, and Ho, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Paul Henry Mayberry 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). Mayberry has filed a response. Among other Case: 22-10865 Document: 00516863108 Page: 2 Date Filed: 08/18/2023

No. 22-10865 things, he appears to suggest that he received ineffective assistance of counsel in the district court. Because the record is not sufficiently developed to allow us to make a fair evaluation of this claim, we decline to consider it without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). To the extent Mayberry moves for the appointment of substitute counsel, the motion is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mayberry’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.