United States v. Winstead ( 2023 )

Case: 22-50195 Document: 00516691952 Page: 1 Date Filed: 03/28/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50195
Summary Calendar FILED
____________ March 28, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
James Alexander Winstead,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:21-CR-231-2
______________________________
Before Jolly, Jones, and Ho, Circuit Judges.
Per Curiam: *
The attorney appointed to represent James Alexander Winstead 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). Winstead has filed a response. To the extent that Winstead
attempts to raise a claim of ineffective assistance of counsel, the record is not
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50195 Document: 00516691952 Page: 2 Date Filed: 03/28/2023
No. 22-50195
sufficiently developed to allow us to make a fair evaluation of Winstead’s
claim; 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 Winstead’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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