DocketNumber： 17-10677 Summary Calendar
Judges： Davis, Clement, Costa
Filed Date： 1/12/2018
Status： Non-Precedential
Modified Date： 10/19/2024
Case: 17-10677 Document: 00514306380 Page: 1 Date Filed: 01/12/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-10677 Fifth Circuit FILED Summary Calendar January 12, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. KELLY TURNER, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 6:16-CR-33-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Kelly Turner 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). Turner has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Turner’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10677 Document: 00514306380 Page: 2 Date Filed: 01/12/2018 No. 17-10677 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 Turner’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Turner’s request for appointment of substitute counsel is DENIED, 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. 2