United States v. Michael Nelson ( 2020 )

Case: 20-10089 Document: 00515519924 Page: 1 Date Filed: 08/07/2020
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 20-10089
FILED
August 7, 2020
Conference Calendar
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Michael Nelson,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-76-3
Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Michael Nelson 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).
Nelson has filed a response. The record is not sufficiently developed to allow
*
Pursuant to 5TH CIR. R. 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not be published and is not precedent except under the limited circumstances set forth in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: 20-10089 Document: 00515519924 Page: 2 Date Filed: 08/07/2020
No. 20-10089
us to make a fair evaluation of Nelson’s claim of 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 Nelson’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