USA v. Jackson, No. 21-10365 (5th Cir. 2021)

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Case: 21-10365 Document: 00516095661 Page: 1 Date Filed: 11/16/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 16, 2021 No. 21-10365 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Don Carnel Jackson, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 1:20-CR-23-2 Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* The attorney appointed to represent Don Carnel Jackson 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). Jackson has filed a response. The record is not sufficiently * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10365 Document: 00516095661 Page: 2 Date Filed: 11/16/2021 No. 21-10365 developed to allow us to make a fair evaluation of Jackson’s claims of ineffective assistance of counsel or his claim that his guilty plea was coerced; 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); United States v. Corbett, 742 F.2d 173, 175-78 (5th Cir. 1984). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Jackson’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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