Case: 23-10380 Document: 00517049128 Page: 1 Date Filed: 01/30/2024
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-10380
Summary Calendar FILED
____________ January 30, 2024
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Marcel Mallory,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:22-CR-333-4
______________________________
Before Willett, Duncan, and Ramirez, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Marcel Mallory 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).
Mallory has filed a response. The record is not sufficiently developed to
allow us to make a fair evaluation of Mallory’s claim of ineffective assistance
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10380 Document: 00517049128 Page: 2 Date Filed: 01/30/2024
No. 23-10380
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 Mallory’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