United States v. Potter ( 2021 )


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  • Case: 20-10861      Document: 00516088607         Page: 1     Date Filed: 11/10/2021
    United States Court of Appeals
    for the Fifth Circuit                         United States Court of Appeals
    Fifth Circuit
    FILED
    November 10, 2021
    No. 20-10861                     Lyle W. Cayce
    Summary Calendar                        Clerk
    United States of America,
    Plaintiff—Appellee,
    versus
    William Ross Potter,
    Defendant—Appellant.
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:17-CR-550-1
    Before Jolly, Willett, and Engelhardt, Circuit Judges.
    Per Curiam:*
    The attorney appointed to represent William Ross Potter seeks leave
    to withdraw and has filed a brief and supplemental brief in accordance with
    Anders v. California, 
    386 U.S. 738
     (1967), and United States v. Flores, 
    632 F.3d 229
     (5th Cir. 2011). Potter has filed responses. The record is not sufficiently
    *
    Pursuant to 5th Circuit Rule 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    opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
    Case: 20-10861      Document: 00516088607          Page: 2    Date Filed: 11/10/2021
    No. 20-10861
    developed to allow us to make a fair evaluation of Potter’s claim of ineffective
    assistance of counsel; 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). We have reviewed counsel’s briefs and the relevant portions
    of the record reflected therein, as well as Potter’s responses. We concur with
    counsel’s assessment that the appeal presents no nonfrivolous issue for
    appellate review. Accordingly, counsel’s 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. Potter’s motion to
    appoint new counsel is DENIED. See United States v. Wagner, 
    158 F.3d 901
    ,
    902-03 (5th Cir. 1998).
    2
    

Document Info

Docket Number: 20-10861

Filed Date: 11/10/2021

Precedential Status: Non-Precedential

Modified Date: 11/10/2021