United States v. Marvin Shilling , 624 F. App'x 300 ( 2015 )

Case: 15-40356 Document: 00513309239 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40356
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 15, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MARVIN LEON SHILLING,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CR-25-1
Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Marvin Leon
Shilling 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). Shilling has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Shilling’s claims
that his guilty plea was made in reliance on unkept promises or ineffective
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40356 Document: 00513309239 Page: 2 Date Filed: 12/15/2015
No. 15-40356
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.), cert. denied, 135 S. Ct. 123 (2014); United States v. Corbett, 742 F.2d
173, 176-78 (5th Cir. 1984).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Shilling’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. Shilling’s incorporated motion for the appointment of
substitute counsel is DENIED.
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