United States v. Keith Oser , 707 F. App'x 256 ( 2017 )

Case: 17-40176 Document: 00514279442 Page: 1 Date Filed: 12/20/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-40176
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 20, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
KEITH NICHOLAS OSER,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:15-CR-212-1
Before JONES, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Keith Nicholas Oser 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).
Oser has filed a response.
The record is not sufficiently developed to allow us to make a fair
evaluation of Oser’s claims of ineffective assistance of counsel. See United
States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Nor is the record sufficiently
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-40176 Document: 00514279442 Page: 2 Date Filed: 12/20/2017
No. 17-40176
developed for us to address Oser’s contention that his guilty plea was coerced.
See United States v. Corbett, 742 F.2d 173, 176-78 (5th Cir. 1984). We therefore
decline to consider the claims without prejudice to collateral review. See Isgar,
739 F.3d at 841; Corbett, 742 F.2d at 178 n.11.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Oser’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.
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