Filed: Oct. 12, 2020
Latest Update: Oct. 12, 2020
Summary: Case: 20-10005 Document: 00515597675 Page: 1 Date Filed: 10/12/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 12, 2020 No. 20-10005 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jesse Bell, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-281-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* Th
Summary: Case: 20-10005 Document: 00515597675 Page: 1 Date Filed: 10/12/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 12, 2020 No. 20-10005 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jesse Bell, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-281-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The..
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Case: 20-10005 Document: 00515597675 Page: 1 Date Filed: 10/12/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 12, 2020
No. 20-10005
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jesse Bell,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-281-1
Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Jesse Bell 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). Bell
has filed a response. The record is not sufficiently developed to allow us to
*
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opinion should not be published and is not precedent except under the limited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: 20-10005 Document: 00515597675 Page: 2 Date Filed: 10/12/2020
No. 20-10005
make a fair evaluation of Bell’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 Bell’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.
The judgment is REFORMED to reflect Bell’s conviction under 18
U.S.C. §§ 924(c)(1)(A)(ii) and 2 rather than §§ 924(a)(1)(A)(ii) and 2. See
United States v. Mondragon-Santiago,
564 F.3d 357, 367-69 (5th Cir. 2009).
2