United States v. Michael Matthews , 644 F. App'x 287 ( 2016 )

Case: 15-40955 Document: 00513433133 Page: 1 Date Filed: 03/22/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-40955
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 22, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
MICHAEL HARRISON MATTHEWS,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CR-208-1
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Michael Harrison
Matthews 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). Matthews has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Matthews’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40955 Document: 00513433133 Page: 2 Date Filed: 03/22/2016
No. 15-40955
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 Matthews’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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