United States v. Barter ( 2021 )

Case: 20-40705 Document: 00515913777 Page: 1 Date Filed: 06/24/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 24, 2021
No. 20-40705
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Alexander Nathan Barter,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:18-CR-42-1
Before Davis, Elrod, and Oldham, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Alexander Nathan Barter 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). Barter has filed a response. The record is not sufficiently
*
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opinion should not be published and is not precedent except under the limited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: 20-40705 Document: 00515913777 Page: 2 Date Filed: 06/24/2021
No. 20-40705
developed to allow us to make a fair evaluation of Barter’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 Barter’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, Barter’s pro se motion for the appointment of substitute
counsel is DENIED, counsel is excused from further responsibilities herein,
and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.
2