United States v. Welton

22-30817 | 5th Cir. | Feb 7, 2024

Case: 22-30817 Document: 00517058495 Page: 1 Date Filed: 02/07/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-30817 FILED Summary Calendar February 7, 2024 ____________ Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee , versus Victor Welton, Defendant—Appellant . ______________________________ Appeal from the United States District Court

for the Middle District of Louisiana USDC No. 3:19-CR-154-1 ______________________________ Before Jolly, Higginson, and Duncan, Circuit Judges . Per Curiam: [*]

The Federal Public Defender appointed to represent Victor Welton has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738" date_filed="1967-05-08" court="SCOTUS" case_name="Anders v. California">386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Welton has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Welton’s claims

_____________________ [*] This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-30817 Document: 00517058495 Page: 2 Date Filed: 02/07/2024 No. 22-30817 of ineffective assistance of counsel or his claims 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" date_filed="2014-01-13" court="5th Cir." case_name="United States v. Gilbert Isgar">739 F.3d 829, 841 (5th Cir. 2014); United States v. Corbett , 742 F.2d 173" date_filed="1984-09-05" court="5th Cir." case_name="United States v. George S. (Joe) Corbett">742 F.2d 173, 175-78 & n.11 (5th Cir. 1984).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Welton’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.