USA v. Clarence Stephens, No. 17-50035 (5th Cir. 2019)

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Case: 17-50035 Document: 00514787934 Page: 1 Date Filed: 01/09/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-50035 Conference Calendar UNITED STATES OF AMERICA, FILED January 9, 2019 Lyle W. Cayce Clerk Plaintiff - Appellee v. CLARENCE EDWARD STEPHENS, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:16-CR-128-7 Before CLEMENT, SOUTHWICK, and ENGELHARDT Circuit Judges. PER CURIAM: * The attorney appointed to represent Clarence Edward Stephens on appeal has moved for leave to withdraw and filed original and supplemental briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Stephens has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Stephens’s claims of ineffective assistance of counsel; we therefore decline to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50035 Document: 00514787934 Page: 2 Date Filed: 01/09/2019 No. 17-50035 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 briefs and the relevant portions of the record reflected therein, as well as Stephens’s responses. 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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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