United States v. Akins

Case: 25-40446 Document: 42-1 Page: 1 Date Filed: 01/20/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 25-40446 January 20, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jerry Wayne Akins, II, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:24-CR-4-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: * The attorney appointed to represent Jerry Wayne Akins, II 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). Akins has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Akins’s claims of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-40446 Document: 42-1 Page: 2 Date Filed: 01/20/2026

No. 25-40446 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 Akins’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.