United States v. Choice

Case: 25-20092 Document: 38-1 Page: 1 Date Filed: 08/28/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 25-20092

Summary Calendar FILED ____________ August 28, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Kennedy Bernard Choice,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-552-1 ______________________________

Before King, Haynes, and Ho, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Kennedy Bernard Choice 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). Choice has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Case: 25-20092 Document: 38-1 Page: 2 Date Filed: 08/28/2025

No. 25-20092

Choice’s claims of 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 Choice’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.