United States v. Taylor

Case: 22-40468 Document: 00516679371 Page: 1 Date Filed: 03/16/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________
FILED
March 16, 2023
No. 22-40468
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Tyvarius Daitron Taylor,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:20-CR-382-8
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Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Tyvarius Daitron Taylor 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). Taylor has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Taylor’s claim of
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40468 Document: 00516679371 Page: 2 Date Filed: 03/16/2023
No. 22-40468
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 Taylor’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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