USA v. David Burney, No. 20-10153 (5th Cir. 2020)

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Case: 20-10153 Document: 00515582463 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. 20-10153 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus David Burney, also known as David Francis, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-304-3 Before Graves, Willett, and Duncan, Circuit Judges. Per Curiam:* The attorney appointed to represent David Burney 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). Burney has filed a response. The record is not sufficiently developed to allow * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10153 Document: 00515582463 Page: 2 Date Filed: 09/29/2020 No. 20-10153 us to make a fair evaluation of Burney’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 Burney’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

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