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Case: 13-41279 Document: 00512708927 Page: 1 Date Filed: 07/23/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 13-41279 Fifth Circuit FILED Summary Calendar July 23, 2014 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. DIETRICK LEWIS JOHNSON, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:12-CR-80 Before REAVLEY, JONES, and PRADO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Dietrick Lewis Johnson 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). Johnson has filed a response. To the extent Johnson complains of his counsels’ performance, the record is not sufficiently developed to allow us to make a fair evaluation of any claim of ineffective assistance of counsel; we * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41279 Document: 00512708927 Page: 2 Date Filed: 07/23/2014 No. 13-41279 therefore decline to consider such a claim, without prejudice to collateral review. See United States v. Isgar,
739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Johnson’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
Document Info
Docket Number: 13-41279
Citation Numbers: 576 F. App'x 307
Judges: Jones, Per Curiam, Prado, Reavley
Filed Date: 7/23/2014
Precedential Status: Non-Precedential
Modified Date: 8/31/2023