U.S. Court of Appeals for the Fifth Circuit, 2025

United States v. Fountaine

United States v. Fountaine
U.S. Court of Appeals for the Fifth Circuit · Decided May 12, 2025

United States v. Fountaine

Opinion

Case: 24-10632 Document: 61-1 Page: 1 Date Filed: 05/12/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-10632 May 12, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jaelind Fountaine, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 5:23-CR-43-1 ______________________________ Before Graves, Willett, and Wilson, Circuit Judges.

Per Curiam: * The attorney appointed to represent Jaelind Fountaine 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).

Fountaine has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Fountaine’s claims of ineffective _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10632 Document: 61-1 Page: 2 Date Filed: 05/12/2025

No. 24-10632

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 Fountaine’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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