USA v. Michael Roberson, No. 14-11011 (5th Cir. 2015)

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Case: 14-11011 Document: 00513322000 Page: 1 Date Filed: 12/28/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-11011 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 28, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MICHAEL ROY ROBERSON, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 1:13-CR-84 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Michael Roy Roberson has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Roberson has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Roberson’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-11011 Document: 00513322000 Page: 2 Date Filed: 12/28/2015 No. 14-11011 without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Roberson’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. Roberson’s second request for the appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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