United States v. Butler

Case: 22-10591 Document: 00516570315 Page: 1 Date Filed: 12/07/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
No. 22-10591
Summary Calendar FILED
December 7, 2022
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Alfonso Butler, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-11-1
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Alfonso Butler,
Jr., 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). Butler has filed a response. To the extent he raises a
claim of ineffective assistance of counsel, the record is not sufficiently
* This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10591 Document: 00516570315 Page: 2 Date Filed: 12/07/2022
No. 22-10591
developed to allow us to make a fair evaluation of Butler’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 Butler’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