Opinion
No. 20-10275
08-03-2020
UNITED STATES of America, Plaintiff-Appellee v. Robert Darren MOORE, Defendant-Appellant
Leigha Amy Simonton, Assistant U.S. Attorney, U.S. Attorney's Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee. Robert Darren Moore, Dallas, TX, Pro Se.
Leigha Amy Simonton, Assistant U.S. Attorney, U.S. Attorney's Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.
Robert Darren Moore, Dallas, TX, Pro Se.
Before JONES, CLEMENT, and HAYNES, Circuit Judges.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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The attorney appointed to represent Robert Darren Moore has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Moore has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Moore’s claims of ineffective assistance of counsel; we therefore decline to consider the Moore’s 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 Moore’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. Moore’s motion for appointment of counsel is DENIED. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998).