USA v. Joshua Lane, No. 19-11165 (5th Cir. 2020)

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Case: 19-11165 Document: 00515582392 Page: 1 Date Filed: 09/29/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 29, 2020 No. 19-11165 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Joshua David Lane, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-6-1 Before Graves, Willett, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent Joshua David Lane 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). Lane has filed a response. The record is not sufficiently developed * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-11165 Document: 00515582392 Page: 2 Date Filed: 09/29/2020 No. 19-11165 to allow us to make a fair evaluation of Lane’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 Lane’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, Lane’s motion for appointment of counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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