USA v. Tiffney McAdoo, No. 15-40665 (5th Cir. 2016)

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Case: 15-40665 Document: 00513411294 Page: 1 Date Filed: 03/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40665 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 8, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. TIFFNEY L. MCADOO, Defendant-Appellant Appeals from the United States District Court for the Eastern District of Texas USDC No. 4:11-CR-199-1 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Tiffney L. McAdoo 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). McAdoo has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of McAdoo’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40665 Document: 00513411294 Page: 2 Date Filed: 03/08/2016 No. 15-40665 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 McAdoo’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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. McAdoo’s motion to appoint substitute counsel is DENIED. 2

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