Case: 20-10565 Document: 00515778060 Page: 1 Date Filed: 03/12/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 12, 2021
No. 20-10565
Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Phouphet Sayasane,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:18-CR-95-1
Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Phouphet Sayasane 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). Sayasane has filed a response. We have reviewed counsel’s
*
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opinion should not be published and is not precedent except under the limited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: 20-10565 Document: 00515778060 Page: 2 Date Filed: 03/12/2021
No. 20-10565
brief and the relevant portions of the record reflected therein, as well as
Sayasane’s response.
Sayasane alleges, among other things, that his counsel was ineffective.
We have previously determined that such claims “should not be litigated on
direct appeal, unless they were previously presented to the trial court. It is
only in rare cases in which the record allows a reviewing court to fairly
evaluate the merits of the claim that we will consider such a claim.” United
States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014) (internal quotation marks
and footnotes omitted). We conclude that this is not such a “rare” case, so
we offer no opinion on whether such a claim would be successful on collateral
review.
We concur with counsel’s remaining assessment that the appeal
presents no nonfrivolous issue for direct appellate review. Accordingly,
counsel’s 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. Sayasane’s pro se motion for appointment of new
counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901,
902-03 (5th Cir. 1998).
2