Case: 21-40293 Document: 00516279939 Page: 1 Date Filed: 04/14/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 14, 2022
No. 21-40293 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Maxine Juliette Mitchell,
Defendant—Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:19-CR-309-3
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Maxine Juliette Mitchell 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). Mitchell has filed a response. The record, at this time, is not
*
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opinion should not be published and is not precedent except under the limited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: 21-40293 Document: 00516279939 Page: 2 Date Filed: 04/14/2022
No. 21-40293
sufficiently developed to allow us to make a fair evaluation of Mitchell’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 Mitchell’s response. We
concur with counsel’s assessment that the appeal presents no nonfrivolous
issue for appellate review of either the judgment or the district court’s denial
of Mitchell’s motion to reduce sentence. 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.
2