United States v. Pullins ( 2023 )

Case: 22-30558 Document: 00516670765 Page: 1 Date Filed: 03/09/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-30558
FILED
March 9, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Keyon Pullins,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:21-CR-40-1
______________________________
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Keyon Pullins
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). Pullins has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Pullins’s claim
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-30558 Document: 00516670765 Page: 2 Date Filed: 03/09/2023
No. 22-30558
sounding in ineffective assistance of counsel; we therefore decline to consider
the claim 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 Pullins’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.
2