United States v. Clarence Stephens ( 2019 )

Case: 17-50035 Document: 00514787934 Page: 1 Date Filed: 01/09/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-50035 FILED
Conference Calendar January 9, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
CLARENCE EDWARD STEPHENS,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:16-CR-128-7
Before CLEMENT, SOUTHWICK, and ENGELHARDT Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Clarence Edward Stephens on
appeal has moved for leave to withdraw and filed original and supplemental
briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United
States v. Flores, 632 F.3d 229 (5th Cir. 2011). Stephens has filed responses.
The record is not sufficiently developed to allow us to make a fair evaluation of
Stephens’s claims of ineffective assistance of counsel; we therefore decline to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50035 Document: 00514787934 Page: 2 Date Filed: 01/09/2019
No. 17-50035
consider the claims without prejudice to collateral review. See United States
v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s briefs and the relevant portions of the record
reflected therein, as well as Stephens’s responses. 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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