United States v. Dobrovolsky

Case: 20-40680 Document: 00515912884 Page: 1 Date Filed: 06/24/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 24, 2021 No. 20-40680 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Bridget Marie Dobrovolsky, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas No. 4:19-CR-242-9 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The attorney appointed to represent Bridget Dobrovolsky has moved to withdraw 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). Dobrovolsky has filed a pro se response and motion for appointment of substitute counsel. The * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40680 Document: 00515912884 Page: 2 Date Filed: 06/24/2021 No. 20-40680 record is not sufficiently developed to allow us to make a fair evaluation of Dobrovolsky’s claim of ineffective assistance of counsel; we therefore de- cline 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, relevant portions of the record, and Dobrovolsky’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, coun- sel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. The motion for appointment of sub- stitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902−03 (5th Cir. 1998). 2