Case Information
*1 Case: 20-40705 Document: 00515913777 Page: 1 Date Filed: 06/24/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 24, 2021 No. 20-40705 Lyle W. Cayce Conference Calendar Clerk United States of America,
Plaintiff—Appellee , versus
Alexander Nathan Barter,
Defendant—Appellant . Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:18-CR-42-1 Before Davis, Elrod, and Oldham, Circuit Judges .
Per Curiam: *
The attorney appointed to represent Alexander Nathan Barter 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). Barter has filed a response. The record is not sufficiently *2 Case: 20-40705 Document: 00515913777 Page: 2 Date Filed: 06/24/2021
No. 20-40705 developed to allow us to make a fair evaluation of Barter’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 Barter’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 , Barter’s pro se motion for the appointment of substitute counsel is DENIED , counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED . See 5th Cir. R . 42.2.
2
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.