United States v. John Walter , 714 F. App'x 432 ( 2018 )

Case: 16-41594 Document: 00514380207 Page: 1 Date Filed: 03/09/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-41594 FILED
Summary Calendar March 9, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOHN ALLEN WALTER,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:97-CR-28-1
Before WIENER, SOUTHWICK, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent John Allen Walter has moved for
leave to withdraw and has filed briefs in accordance with Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Walter has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Walter’s claims of ineffective assistance of
appellate counsel; we therefore decline to consider the claims without prejudice
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41594 Document: 00514380207 Page: 2 Date Filed: 03/09/2018
No. 16-41594
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 Walter’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, counsel’s motions for leave to withdraw are GRANTED, counsel
is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2. Walter’s motion for appointment of new
counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902–03 (5th
Cir. 1998).
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