United States v. Kenneth Scott ( 2020 )

Case: 20-10146 Document: 00515517662 Page: 1 Date Filed: 08/06/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 6, 2020
No. 20-10146 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Kenneth David Scott, also known as Zilla,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-61-1
Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Kenneth David 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
*
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opinion should not be published and is not precedent except under the limited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 CIR. R. 47.5.4.
Case: 20-10146 Document: 00515517662 Page: 2 Date Filed: 08/06/2020
No. 20-10146
Cir. 2011). Scott has filed a response. The record is not sufficiently
developed to allow 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 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