United States v. Osamu Hack

Case: 13-10947 Document: 00512598336 Page: 1 Date Filed: 04/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10947
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
OSAMU JOHN HACK,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:13-CR-35-1
Before PRADO, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Osamu John Hack 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).
Hack has filed a response. To the extent he is raising a claim of ineffective
assistance of counsel, the record does not provide sufficient detail to allow us
to make a fair evaluation of Hack’s claim of ineffective assistance of counsel;
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10947 Document: 00512598336 Page: 2 Date Filed: 04/16/2014
No. 13-10947
we therefore decline to consider the claim without prejudice to collateral
review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 1 We have
reviewed counsel’s brief and the relevant portions of the record reflected
therein, as well as Hack’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.
1 See also 28 U.S.C. § 2255.
2