USA v. Phillips, No. 21-11008 (5th Cir. 2022)

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Case: 21-11008 Document: 00516273117 Page: 1 Date Filed: 04/08/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 8, 2022 No. 21-11008 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jerome Phillips, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21-CR-107-4 Before Wiener, Dennis, and Haynes, Circuit Judges. Per Curiam:* The attorney appointed to represent Jerome Phillips 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). Phillips 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sufficiently developed to allow * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-11008 Document: 00516273117 Page: 2 Date Filed: 04/08/2022 No. 21-11008 us to make a fair evaluation of Phillips’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 Phillips’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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