U.S. Court of Appeals for the Fifth Circuit, 2024

United States v. Cagle

United States v. Cagle
U.S. Court of Appeals for the Fifth Circuit · Decided February 9, 2024

United States v. Cagle

Opinion

Case: 23-40416 Document: 00517061064 Page: 1 Date Filed: 02/09/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED February 9, 2024 No. 23-40416 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Ashley Renee Cagle, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:22-CR-126-1 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam: * The attorney appointed to represent Ashley Renee Cagle 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). Cagle has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Cagle’s claims of ineffective _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40416 Document: 00517061064 Page: 2 Date Filed: 02/09/2024

No. 23-40416

assistance of counsel; we therefore decline to consider the claims 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 Cagle’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.

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