United States v. Scott ( 2022 )

Case: 21-60825 Document: 00516345693 Page: 1 Date Filed: 06/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 6, 2022
No. 21-60825 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Georgio R. Scott,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:20-CR-17-1
Before King, Costa, and Ho, Circuit Judges.
Per Curiam: * 0F
The attorney appointed to represent Georgio R. Scott 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).
Scott has filed responses. The record is not sufficiently developed to allow
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-60825 Document: 00516345693 Page: 2 Date Filed: 06/06/2022
No. 21-60825
us to make a fair evaluation of Scott’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 Scott’s timely filed responses. We concur
with counsel’s assessment that the appeal presents no nonfrivolous issue for
appellate review. Thus, 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. To the extent that Scott moves to
proceed pro se, his request is DENIED as untimely. See United States v.
Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2