United States v. Gregory Covey

Case: 13-40733 Document: 00512634038 Page: 1 Date Filed: 05/19/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-40733 FILED
Summary Calendar May 19, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GREGORY SCOTT COVEY,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 2:12-CR-3-8
Before REAVLEY, JONES, and PRADO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Gregory Scott Covey 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).
Covey has filed a response.
The record is not sufficiently developed to allow us to make a fair
evaluation of Covey’s claims of ineffective assistance of counsel. See United
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40733 Document: 00512634038 Page: 2 Date Filed: 05/19/2014
No. 13-40733
States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Nor is the record sufficiently
developed for us to address Covey’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 these claims without prejudice to Covey’s right, if any, to
seek 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 Covey’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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