March 12, 2026·25-11128·Per Curiam·By James Taylor
The Fifth Circuit granted the Federal Public Defender's motion to withdraw and dismissed the appeal due to an insufficiently developed record. The court found it could not fairly evaluate the defendant's claim of ineffective assistance of counsel.
The Federal Public Defender appointed to represent Byron Tremaine Hawkins, Jr., moved for leave to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores. Hawkins filed a response to the motion.
The court’s reasoning
The court reviewed the counsel’s brief, the relevant portions of the record, and Hawkins’s response. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. The court determined the record was not sufficiently developed to allow a fair evaluation of the claim of ineffective assistance of counsel.
What it means going forward
The appeal is dismissed, but the defendant may pursue the ineffective assistance claim through collateral review.
