United States v. Dietrick Johnson , 576 F. App'x 307 ( 2014 )

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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