United States v. Jeremy Blackburn , 582 F. App'x 548 ( 2014 )

Case: 13-10826 Document: 00512800142 Page: 1 Date Filed: 10/10/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10826
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 10, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JEREMY BLACKBURN,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:13-CR-71-1
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges
PER CURIAM: *
The attorney appointed to represent Jeremy Blackburn 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).
Blackburn has filed a response. The record is not sufficiently developed to
allow us to make a fair evaluation of Blackburn’s claims of ineffective
assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10826 Document: 00512800142 Page: 2 Date Filed: 10/10/2014
No. 13-10826
prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841
(5th Cir. 2014), petition for cert. filed (June 4, 2014) (No. 13-10484).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Blackburn’s response. 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.
2