United States v. Smith

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10791
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DONOVAN SMITH,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-13-1

Before SMITH, STEWART, and HIGGINSON, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Donovan Smith 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).
Smith has filed a response. The record is not sufficiently developed to allow us
to make a fair evaluation of Smith’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
July 30, 2020

Lyle W. Cayce
Clerk
Case: 19-10791 Document: 00515509763 Page: 1 Date Filed: 07/30/2020

No. 19-10791
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 Smith’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: 19-10791 Document: 00515509763 Page: 2 Date Filed: 07/30/2020