United States v. Everfield

Case: 24-40755 Document: 68-1 Page: 1 Date Filed: 08/18/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-40755

Summary Calendar FILED ____________ August 18, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Solomon Everfield, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:19-CR-85-1 ______________________________

Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Solomon Everfield, Jr. 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). Everfield has not filed a response, but we have reviewed the arguments made in the 28 U.S.C. § 2255 motion he attempted to file in this Case: 24-40755 Document: 68-1 Page: 2 Date Filed: 08/18/2025

No. 24-40755 court. The record is not sufficiently developed to allow us to make a fair evaluation of Everfield’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 Everfield’s arguments. 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.