United States v. Murphy

Case: 20-20041 Document: 00516574679 Page: 1 Date Filed: 12/12/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-20041 December 12, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Chardrell Murphy,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CR-688-1
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Chardrell Murphy 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).
Murphy has filed a response. The record is not sufficiently developed to
allow us to make a fair evaluation of Murphy’s claim of ineffective assistance
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 20-20041 Document: 00516574679 Page: 2 Date Filed: 12/12/2022
No. 20-20041
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 Murphy’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