United States v. Stowe

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50951
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BRIAN EDWARD STOWE, also known as Brian Stowe,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-44-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Brian Edward Stowe 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).
Stowe has filed a response. The record is not sufficiently developed to allow us
to make a fair evaluation of Stowe’s claims of ineffective assistance of counsel;

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
May 12, 2020

Lyle W. Cayce
Clerk
Case: 19-50951 Document: 00515413720 Page: 1 Date Filed: 05/12/2020

No. 19-50951
2
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 Stowe’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.
Case: 19-50951 Document: 00515413720 Page: 2 Date Filed: 05/12/2020