United States v. David Burney ( 2020 )

Case: 20-10153 Document: 00515582463 Page: 1 Date Filed: 09/29/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 29, 2020
No. 20-10153
Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
David Burney, also known as David Francis,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-304-3
Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent David Burney 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).
Burney has filed a response. The record is not sufficiently developed to allow
*
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opinion should not be published and is not precedent except under the limited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: 20-10153 Document: 00515582463 Page: 2 Date Filed: 09/29/2020
No. 20-10153
us to make a fair evaluation of Burney’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 Burney’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