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

United States v. Malik

United States v. Malik
U.S. Court of Appeals for the Fifth Circuit · Decided March 4, 2024

United States v. Malik

Opinion

Case: 23-10610 Document: 44-1 Page: 1 Date Filed: 03/04/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10610 Summary Calendar FILED ____________ March 4, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Nohmaan Malik, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-340-1 ______________________________ Before Jolly, Higginson, and Duncan, Circuit Judges.

Per Curiam: * The attorney appointed to represent Nohmaan Malik 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).

Malik has filed a response. To the extent that Malik seeks to raise claims of ineffective assistance of counsel, the record is not sufficiently developed to _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10610 Document: 44-1 Page: 2 Date Filed: 03/04/2024

No. 23-10610

allow us to make a fair evaluation of his claims; 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 Malik’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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