United States v. Darcus

Case: 25-10219 Document: 41-1 Page: 1 Date Filed: 08/13/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 25-10219

FILED Summary Calendar

August 13, 2025 ____________

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Nicholas Bryan Darcus,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 7:24-CR-12-6 ______________________________

Before King, Haynes, and Ho, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Nicholas Bryan Darcus 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). Darcus has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Darcus’s claims of Case: 25-10219 Document: 41-1 Page: 2 Date Filed: 08/13/2025

No. 25-10219 ineffective 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 Darcus’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.