United States v. Michael Irby , 606 F. App'x 179 ( 2015 )

Case: 14-30331 Document: 00512946062 Page: 1 Date Filed: 02/24/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-30331 February 24, 2015
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL IRBY,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:13-CR-111-1
Before DAVIS, ELROD, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Michael Irby 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). Irby has filed a response. The record is not sufficiently developed
to allow us to make a fair evaluation of Irby’s claims of ineffective assistance
of counsel; we therefore decline to consider the claims without prejudice 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-30331 Document: 00512946062 Page: 2 Date Filed: 02/24/2015
No. 14-30331
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert.
denied, 135 S. Ct. 123 (2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Irby’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. Irby’s request to proceed pro se is DENIED as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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