United States v. Mallory

Case: 23-10380 Document: 00517049128 Page: 1 Date Filed: 01/30/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-10380

Summary Calendar FILED ____________ January 30, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Marcel Mallory,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-333-4 ______________________________

Before Willett, Duncan, and Ramirez, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Marcel Mallory 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). Mallory has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mallory’s claim of ineffective assistance Case: 23-10380 Document: 00517049128 Page: 2 Date Filed: 01/30/2024

No. 23-10380 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 Mallory’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.