USA v. Anthony Scott, Jr., No. 19-20788 (5th Cir. 2020)
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The court issued a subsequent related opinion or order on February 4, 2021.
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Case: 19-20788 Document: 00515530015 Page: 1 Date Filed: 08/17/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 17, 2020 No. 19-20788 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Anthony Carl Scott, Jr., Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-867-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The attorney appointed to represent Anthony Carl Scott, Jr., 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). Scott has filed a response in which he alleges that his attorney * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 19-20788 Document: 00515530015 Page: 2 Date Filed: 08/17/2020 No. 19-20788 had a conflict of interest and otherwise provided ineffective assistance of counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Scott’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). Our independent review of counsel’s brief, the relevant portions of the record, and Scott’s response, discloses a nonfrivolous issue for appeal regarding the adequacy of the district court’s explanation of Scott’s sentence. See United States v. Mondragon-Santiago, 564 F.3d 357, 364 (5th Cir. 2009); United States v. Whitelaw, 580 F.3d 256, 262 (5th Cir. 2009). Accordingly, counsel’s motion for leave to withdraw is DENIED. Counsel is ORDERED to file a brief on the merits addressing the issue identified above and any other nonfrivolous issue that counsel deems appropriate for appeal. The clerk is DIRECTED to establish a briefing schedule. 2
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