United States v. Gibson

Case: 24-40698 Document: 40-1 Page: 1 Date Filed: 06/09/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-40698

Summary Calendar FILED ____________ June 9, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Douglas Jawaun Gibson,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:23-CR-606-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Douglas Gibson 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). Gibson has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Gibson’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral Case: 24-40698 Document: 40-1 Page: 2 Date Filed: 06/09/2025

No. 24-40698 review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief, relevant portions of the record, and Gibson’s responses. We concur with counsel’s assessment that the appeal presents 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. Gibson’s incorporated motions for appointment of new counsel and to proceed pro se are DENIED. See United States v. Wagner, 158 F.3d 901, 902−03 (5th Cir. 1998).