United States v. Bowden ( 2023 )

Case: 22-10397 Document: 00516746511 Page: 1 Date Filed: 05/11/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10397
Summary Calendar FILED
____________ May 11, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Gregory Bowden,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-558-1
______________________________
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
The Federal Public Defender appointed to represent Gregory Bowden
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). Bowden has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Bowden’s claim
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10397 Document: 00516746511 Page: 2 Date Filed: 05/11/2023
No. 22-10397
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 Bowden’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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