United States v. Jiles

United States Court of Appeals
for the Fifth Circuit

No. 20-40231
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Dmarcus Jamil Jiles,

Defendant—Appellant.

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:18-CR-41-1

Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Dmarcus Jamil
Jiles 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). Jiles has filed a response. The record is not sufficiently

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
October 2, 2020

Lyle W. Cayce
Clerk
Case: 20-40231 Document: 00515587968 Page: 1 Date Filed: 10/02/2020

No. 20-40231
2
developed to allow us to make a fair evaluation of Jiles’s claim of ineffective
assistance of counsel; we therefore decline to consider the claim with ou t
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 Jiles’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: 20-40231 Document: 00515587968 Page: 2 Date Filed: 10/02/2020