USA v. Simien, No. 23-20558 (5th Cir. 2024)
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Case: 23-20558 Document: 39-1 Page: 1 Date Filed: 04/01/2024 United States Court of Appeals for the Fifth Circuit ____________ No. 23-20558 Summary Calendar ____________ United States of America, United States Court of Appeals Fifth Circuit FILED April 1, 2024 Lyle W. Cayce Clerk Plaintiff—Appellee, versus Marvieon Simien, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CR-73-1 ______________________________ Before Davis, Ho, and Ramirez, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Marvieon Simien 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). Simien has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Simien’s claims _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-20558 Document: 39-1 Page: 2 Date Filed: 04/01/2024 No. 23-20558 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). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Simien’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
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