United States v. Mouton

Case: 24-40541 Document: 114-1 Page: 1 Date Filed: 05/01/2026

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-40541

Summary Calendar FILED ____________ May 1, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

John W. Mouton,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:22-CR-33-1 ______________________________

Before Smith, Higginson, and Wilson, Circuit Judges.

Per Curiam: *

The attorney appointed to represent John W. Mouton 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). Mouton has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Mouton’s claims of ineffective assistance Case: 24-40541 Document: 114-1 Page: 2 Date Filed: 05/01/2026

No. 24-40541 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 Mouton’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.