United States v. Casel

Case: 20-10733 Document: 00515876399 Page: 1 Date Filed: 05/26/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-10733 May 26, 2021 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Allen Dewayne Casel, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 2:19-CR-182-2 Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Allen Dewayne Casel 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). Casel has filed a response. The record is not sufficiently developed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10733 Document: 00515876399 Page: 2 Date Filed: 05/26/2021 No. 20-10733 to allow us to make a fair evaluation of Casel’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 Casel’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. 2