United States v. Adams ( 2021 )

Case: 20-40091 Document: 00515922614 Page: 1 Date Filed: 07/01/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 1, 2021
No. 20-40091
Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Deandre Marker Adams,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:18-CR-131-14
Before Higginbotham, Costa, and Engelhardt, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Deandre Marker Adams 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). Adams has filed a response and has moved for the
*
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opinion should not be published and is not precedent except under the limited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: 20-40091 Document: 00515922614 Page: 2 Date Filed: 07/01/2021
No. 20-40091
appointment of substitute counsel. That motion is DENIED. See United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). To the extent Adams
alleges his trial counsel rendered ineffective assistance, the record is not
sufficiently developed to allow us to make a fair evaluation of this 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 Adams’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