United States v. Pilcher ( 2023 )

Case: 23-10300 Document: 00517011080 Page: 1 Date Filed: 12/21/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
No. 23-10300 Fifth Circuit
Summary Calendar FILED
____________ December 21, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Orlando Lewayne Pilcher,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-104-1
______________________________
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Orlando
Lewayne Pilcher 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). Pilcher has filed responses and moved
for leave to file an out of time response.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10300 Document: 00517011080 Page: 2 Date Filed: 12/21/2023
No. 23-10300
We have reviewed counsel’s brief and the relevant portions of the
record reflected therein, as well as Pilcher’s responses and motions. We
concur with counsel’s assessment that the appeal presents no nonfrivolous
issue for appellate review. Additionally, the record is not sufficiently
developed to allow us to make a fair evaluation of Pilcher’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).
Accordingly, while Pilcher’s motions to file his out of time responses
are GRANTED, the motion for leave to withdraw is also GRANTED and
counsel is excused from further responsibilities herein, and the appeal is
DISMISSED. See 5th Cir. R. 42.2.
2