Case Information
*1 Case: 21-30018 Document: 00515911523 Page: 1 Date Filed: 06/23/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 23, 2021 No. 21-30018 Conference Calendar Lyle W. Cayce Clerk United States of America,
Plaintiff—Appellee , versus
Moyati Ledell Killian,
Defendant—Appellant . Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:20-CR-121-1 Before Smith, Stewart, and Higginson, Circuit Judges .
Per Curiam: *
The attorney appointed to represent Moyati Ledell Killian 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). Killian has filed a response. The record is not sufficiently *2 Case: 21-30018 Document: 00515911523 Page: 2 Date Filed: 06/23/2021
No. 21-30018 developed to allow us to make a fair evaluation of Killian’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 Killian’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
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.