Opinion
No. 18-10891
03-20-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAYTON DESHAUN STEPTOE, Defendant-Appellant.
Conference Calendar Appeal from the United States District Court for the Northern District of Texas
No. 3:17-CR-390-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
The attorney appointed to represent Dayton Steptoe has moved to with- draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Steptoe has filed a response. The record is not sufficiently developed to allow a fair evaluation of Steptoe's claims 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). Steptoe's motion for appointment of new counsel on appeal is DENIED as untimely.
We have reviewed counsel's brief, relevant portions of the record, and Steptoe'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.