United States v. Bennett

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40390
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DEANDRE BENNETT,

Defendant-Appellant

Appeals from the United States District Court
for the Southern District of Texas
USDC No. 2:16-CR-76-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*
The Federal Public Defender appointed to represent Deandre Bennett
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). Bennett has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Bennett’s claims of
ineffective assistance of counsel; we therefore decline to consider those claims

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
January 27, 2020

Lyle W. Cayce
Clerk
Case: 19-40390 Document: 00515286381 Page: 1 Date Filed: 01/27/2020

No. 19-40390
2
without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829,
841 (5th Cir. 2014).
We have reviewed counsel’s brief, the relevant portions of the record
reflected therein, and Bennett’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
5
TH CIR. R. 42.2. Bennett’s motion to appoint new counsel is DENIED. See
United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998).

Case: 19-40390 Document: 00515286381 Page: 2 Date Filed: 01/27/2020