United States v. Simons

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-51042
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

PAUL SIMONS,

Defendant–Appellant.

Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:19-CR-62-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Paul Simons 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).
Simons has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Simons’s claims of ineffective assistance of

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
June 10, 2020

Lyle W. Cayce
Clerk
Case: 19-51042 Document: 00515447288 Page: 1 Date Filed: 06/10/2020

No. 19-51042
2
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 Simons’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: 19-51042 Document: 00515447288 Page: 2 Date Filed: 06/10/2020