United States v. Lane

United States Court of Appeals
for the Fifth Circuit

No. 19-11165
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Joshua David Lane,

Defendant—Appellant.

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CR-6-1

Before Graves, Willett, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Joshua David Lane 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). Lane has filed a response. The record is not sufficiently developed

*
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opinion should not be published and is not precedent except under the limited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
September 29, 2020

Lyle W. Cayce
Clerk
Case: 19-11165 Document: 00515582392 Page: 1 Date Filed: 09/29/2020

No. 19-11165
2
to allow us to make a fair evaluation of Lane’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 Lane’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, Lane’s
motion for appointment of counsel is DENIED, and the APPEAL IS
DISMISSED. See 5
TH CIR. R. 42.2.
Case: 19-11165 Document: 00515582392 Page: 2 Date Filed: 09/29/2020