Case: 20-40657 Document: 00515906620 Page: 1 Date Filed: 06/21/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 21, 2021
No. 20-40657 Lyle W. Cayce
Conference Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Joshea Cardwell,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:18-CR-12-1
Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Joshea Cardwell 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).
Cardwell has filed a response. The record is not sufficiently developed to
*
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opinion should not be published and is not precedent except under the limited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: 20-40657 Document: 00515906620 Page: 2 Date Filed: 06/21/2021
No. 20-40657
allow us to make a fair evaluation of Cardwell’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 Cardwell’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