Filed: Oct. 02, 2020
Latest Update: Oct. 03, 2020
Summary: Case: 20-40231 Document: 00515587968 Page: 1 Date Filed: 10/02/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 2, 2020 No. 20-40231 Conference Calendar Lyle W. Cayce Clerk 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:*
Summary: Case: 20-40231 Document: 00515587968 Page: 1 Date Filed: 10/02/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 2, 2020 No. 20-40231 Conference Calendar Lyle W. Cayce Clerk 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:* ..
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Case: 20-40231 Document: 00515587968 Page: 1 Date Filed: 10/02/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 2, 2020
No. 20-40231
Conference Calendar Lyle W. Cayce
Clerk
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opinion should not be published and is not precedent except under the limited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.
Case: 20-40231 Document: 00515587968 Page: 2 Date Filed: 10/02/2020
No. 20-40231
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 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 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.
2