USA v. Patrick Lenard, No. 16-10190 (5th Cir. 2018)

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Case: 16-10190 Document: 00514390645 Page: 1 Date Filed: 03/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10190 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PATRICK D. LENARD, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-451-1 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Patrick D. Lenard 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). Lenard has filed a response. He has also moved for the appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Lenard’s claim of ineffective assistance of counsel; we therefore 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10190 Document: 00514390645 Page: 2 Date Filed: 03/16/2018 No. 16-10190 decline to consider the claim 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 Lenard’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, the motion for the appointment of new counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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