United States v. Friar ( 2023 )

Case: 22-10741 Document: 00516641652 Page: 1 Date Filed: 02/10/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10741
Summary Calendar FILED
____________ February 10, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Joshua Keith Friar,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:21-CR-58-2
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Joshua Keith Friar 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).
Friar has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Friar’s claims of ineffective assistance of
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10741 Document: 00516641652 Page: 2 Date Filed: 02/10/2023
No. 22-10741
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 Friar’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.
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