United States v. Gowland

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10758
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

KIRBY ERWIN GOWLAND,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:18-CR-243-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Kirby Erwin Gowland 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). Gowland has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Gowland’s claim of ineffective
assistance of counsel; we therefore decline to consider the claim without

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
June 30, 2020

Lyle W. Cayce
Clerk
Case: 19-10758 Document: 00515471485 Page: 1 Date Filed: 06/30/2020

No. 19-10758
2
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 Gowland’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. Gowland’s motions to stay and for leave to file an out-of-time
supplemental brief are DENIED.

Case: 19-10758 Document: 00515471485 Page: 2 Date Filed: 06/30/2020