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

United States v. Stallings

United States v. Stallings
U.S. Court of Appeals for the Fifth Circuit · Decided May 14, 2024

United States v. Stallings

Opinion

Case: 23-11233 Document: 41-1 Page: 1 Date Filed: 05/14/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-11233 Summary Calendar FILED ____________ May 14, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Robert Eugene Stallings, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-217-1 ______________________________ Before King, Haynes, and Graves, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Robert Eugene Stallings 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). Stallings has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Stallings’s _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-11233 Document: 41-1 Page: 2 Date Filed: 05/14/2024

No. 23-11233

claim of 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 Stallings’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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