United States v. Bishop

Case: 24-20156 Document: 41-1 Page: 1 Date Filed: 11/07/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-20156

November 7, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Kevin Daniel Bishop,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CR-141-1 ______________________________

Before Elrod, Chief Judge, and Haynes, and Duncan, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Kevin Daniel Bishop 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). Bishop has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Bishop’s claim of Case: 24-20156 Document: 41-1 Page: 2 Date Filed: 11/07/2024

No. 24-20156 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 Bishop’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.