United States v. Kim

Case: 20-10253 Document: 00515823711 Page: 1 Date Filed: 04/15/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 15, 2021 No. 20-10253 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Helen Kim, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-595-1 Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Helen Kim 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). Defendant has filed a letter referencing counsel’s motion to withdraw. The * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10253 Document: 00515823711 Page: 2 Date Filed: 04/15/2021 No. 20-10253 record is not sufficiently developed to allow us to make a fair evaluation Defendant’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 Defendant’s responsive letter. 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