USA v. Seth Turner, No. 17-40201 (5th Cir. 2018)

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Case: 17-40201 Document: 00514601275 Page: 1 Date Filed: 08/15/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40201 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 15, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. SETH DEANDRE TURNER, also known as Boonie, Defendant-Appellant Appeals from the United States District Court for the Eastern District of Texas USDC No. 1:15-CR-119-9 Before REAVLEY, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Seth Deandre Turner 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). Turner has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Turner’s claim of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40201 Document: 00514601275 Page: 2 Date Filed: 08/15/2018 No. 17-40201 counsel; we therefore decline to consider the 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 Turner’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, counsel is excused from further responsibilities herein, Turner’s motion for appointment of new counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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