Case: 21-11242 Document: 00516487631 Page: 1 Date Filed: 09/28/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-11242 September 28, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
David Negus Cobourn,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:20-CR-383-1
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent David Negus
Cobourn 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). Cobourn has filed responses and moved for 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opinion should not be published and is not precedent except under the limited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: 21-11242 Document: 00516487631 Page: 2 Date Filed: 09/28/2022
No. 21-11242
appointment of substitute counsel. We have reviewed counsel’s briefs and
the relevant portions of the record reflected therein, as well as Cobourn’s
responses. We concur with counsel’s assessment that the appeal presents no
nonfrivolous issue for appellate review. Moreover, because the record is not
sufficiently developed to allow us to make a fair evaluation of any claim that
he received ineffective assistance of counsel, we decline to review such
claims without prejudice to collateral review. See United States v. Isgar, 739
F.3d 829, 841 (5th Cir. 2014).
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. Additionally, Cobourn’s motions
for appointment of substitute counsel are DENIED as untimely. See United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2