USA v. Deron Guillory, No. 16-20277 (5th Cir. 2017)

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Case: 16-20277 Document: 00513863718 Page: 1 Date Filed: 02/06/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20277 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 6, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, versus DERON LAMAR GUILLORY, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-765-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Deron Guillory has moved for leave 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20277 Document: 00513863718 Page: 2 Date Filed: 02/06/2017 No. 16-20277 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). Guillory has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Guillory’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Guillory’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, Guillory’s motion for appointment of counsel is DENIED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2. 2

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