United States v. Pinson ( 2021 )

Case: 20-40154 Document: 00515857008 Page: 1 Date Filed: 05/11/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 11, 2021
No. 20-40154 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Brandon Jamal Pinson,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:18-CR-131-11
Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Brandon Jamal Pinson 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). Pinson has filed a response and a request for appointment 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opinion should not be published and is not precedent except under the limited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: 20-40154 Document: 00515857008 Page: 2 Date Filed: 05/11/2021
No. 20-40154
substitute counsel. The record is not sufficiently developed to allow us to
make a fair evaluation of Pinson’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 Pinson’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. Pinson’s motion
for appointment of substitute counsel is DENIED as untimely. See United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2