United States v. Kimble

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40223
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DAMIEN EARL KIMBLE,

Defendant-Appellant

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:18-CR-142-3

Before STEWART, DENNIS, and HO, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Damien Earl Kimble 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).
Kimble has filed a response and an incorporated motion to remand the case to
the district court for resentencing. The record is not sufficiently developed to
allow us to make a fair evaluation of Kimble’s claims of ineffective assistance

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
February 24, 2020

Lyle W. Cayce
Clerk
Case: 19-40223 Document: 00515320274 Page: 1 Date Filed: 02/24/2020

No. 19-40223
2
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 Kimble’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, the incorporated motion to remand is DENIED, 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: 19-40223 Document: 00515320274 Page: 2 Date Filed: 02/24/2020