United States v. Dennis Roe, Jr. , 706 F. App'x 210 ( 2017 )

Case: 17-10138 Document: 00514275065 Page: 1 Date Filed: 12/15/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-10138 FILED
Summary Calendar December 15, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DENNIS MICHAEL ROE, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-173-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Dennis Michael Roe, Jr., 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). Roe has filed “Objections” to his counsel’s motion. The record is not
sufficiently developed to allow us to make a fair evaluation of Roe’s claim of
ineffective assistance of counsel; we therefore decline to consider the claim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10138 Document: 00514275065 Page: 2 Date Filed: 12/15/2017
No. 17-10138
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 the document Roe filed. 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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