United States v. Stadler

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-11340
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FRANCIS LEO STADLER, JR.,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-70-1

Before ELROD, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Francis Leo Stadler, Jr., 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). Stadler has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Stadler’s claims of ineffective
assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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
May 28, 2020

Lyle W. Cayce
Clerk
Case: 19-11340 Document: 00515431653 Page: 1 Date Filed: 05/28/2020

No. 19-11340
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 Stadler’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.
Case: 19-11340 Document: 00515431653 Page: 2 Date Filed: 05/28/2020