United States v. Thomas ( 2023 )

Case: 23-10243 Document: 00516947099 Page: 1 Date Filed: 10/27/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-10243
Summary Calendar FILED
____________ October 27, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Steve Boyce Thomas,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:22-CR-62-1
______________________________
Before Smith, Higginson, and Engelhardt, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Steve Thomas has moved to
withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967),
and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Thomas has filed a
response. The record is not sufficiently developed for us to make a fair evalu-
ation of Thomas’s claim of ineffective assistance of counsel; we therefore
decline to consider the claim without prejudice to collateral review. See
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10243 Document: 00516947099 Page: 2 Date Filed: 10/27/2023
No. 23-10243
United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief, relevant portions of the record, and
Thomas’s response. We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. Accordingly, the motion
to withdraw is GRANTED, counsel is excused from further responsibilities
herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.
2