USA v. Murphy, No. 20-20041 (5th Cir. 2022)

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Case: 20-20041 Document: 00516574679 Page: 1 Date Filed: 12/12/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 12, 2022 No. 20-20041 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Chardrell Murphy, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18-CR-688-1 Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Chardrell Murphy 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). Murphy has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Murphy’s claim of ineffective assistance * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 20-20041 Document: 00516574679 Page: 2 Date Filed: 12/12/2022 No. 20-20041 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 Murphy’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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