USA v. Jeffery Richard, No. 15-41319 (5th Cir. 2016)

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Case: 15-41319 Document: 00513789533 Page: 1 Date Filed: 12/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41319 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 8, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JEFFERY ADRIAN RICHARD, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-298-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jeffery Adrian Richard 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). Richard has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Richard’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41319 Document: 00513789533 Page: 2 Date Filed: 12/08/2016 No. 15-41319 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 Richard’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. 2