United States v. Johnson

United States Court of Appeals
for the Fifth Circuit

No. 20-10149
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Darren Douglas Johnson, also known as Fresh,

Defendant—Appellant.

Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CR-460-2

Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Darren Douglas Johnson 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). Johnson has filed a response, as well as a motion to file a

*
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opinion should not be published and is not precedent except under the limited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 1, 2020

Lyle W. Cayce
Clerk
Case: 20-10149 Document: 00515586733 Page: 1 Date Filed: 10/01/2020

No. 20-10149
2
supplemental response, which is GRANTED. The record is not sufficiently
developed to allow us to make a fair evaluation of Johnson’s claims of
ineffective assistance 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 Johnson’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: 20-10149 Document: 00515586733 Page: 2 Date Filed: 10/01/2020