Case: 24-10270 Document: 93-1 Page: 1 Date Filed: 05/27/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-10270 May 27, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus James Peabody, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-193-3 ______________________________ Before Jolly, Graves, and Oldham, Circuit Judges.

Per Curiam: * James Peabody appeals his conviction for conspiracy to commit wire fraud. He contends that trial counsel provided ineffective assistance by openly chastising Peabody in a court filing and that trial counsel, by publicly shaming Peabody in this way, effectively abandoned him during a critical stage of the proceeding.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10270 Document: 93-1 Page: 2 Date Filed: 05/27/2025

No. 24-10270

The record in this case is not sufficiently developed to allow us to make a fair evaluation on direct appeal of Peabody’s claims of ineffective assistance of trial 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). The judgment of the district court is AFFIRMED.

The Government’s motion to dismiss the appeal is DENIED.