United States v. Grant ( 2022 )

Case: 21-20285 Document: 00516169723 Page: 1 Date Filed: 01/18/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
January 18, 2022
No. 21-20285 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Tom Grant,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:19-CR-305-3
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Tom Grant 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).
Grant has filed a response, in which he raises, among other things, a claim of
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-20285 Document: 00516169723 Page: 2 Date Filed: 01/18/2022
No. 21-20285
ineffective assistance of counsel. The record is not sufficiently developed to
allow us to make a fair evaluation of Grant’s claim of 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 Grant’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