United States v. Kirk

Case: 24-30407 Document: 55-1 Page: 1 Date Filed: 02/07/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-30407 February 7, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Victor Clark Kirk,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:19-CR-115-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Victor Kirk has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Kirk has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Kirk’s claims of ineffective assistance of counsel; we therefore decline to consider them, without prejudice to collateral review. See United Case: 24-30407 Document: 55-1 Page: 2 Date Filed: 02/07/2025

No. 24-30407

States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Kirk’s response. We concur with counsel’s assessment that the appeal pre- sents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.