United States v. Howard Brown , 671 F. App'x 289 ( 2016 )

Case: 16-40624 Document: 00513789525 Page: 1 Date Filed: 12/08/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40624 FILED
Summary Calendar December 8, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
HOWARD LESLIE BROWN,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:15-CR-104-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Howard Leslie
Brown 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). Brown has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Brown’s claim of ineffective
assistance of counsel; we therefore decline to consider the claim without
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40624 Document: 00513789525 Page: 2 Date Filed: 12/08/2016
No. 16-40624
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 Brown’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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