USA v. Billy Lane, No. 15-40558 (5th Cir. 2016)

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Case: 15-40558 Document: 00513627427 Page: 1 Date Filed: 08/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40558 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 8, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BILLY LANE, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13-CR-234-2 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Billy Lane 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). Lane has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lane’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40558 Document: 00513627427 Page: 2 Date Filed: 08/08/2016 No. 15-40558 appellate review. We decline to consider Lane’s ineffective assistance of counsel claims, without prejudice to his ability to assert such claims on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 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

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