USA v. Jamison Ellis, No. 16-40490 (5th Cir. 2017)

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Case: 16-40490 Document: 00513927365 Page: 1 Date Filed: 03/27/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40490 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 27, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAMISON ROSS ELLIS, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14-CR-176-1 Before JOLLY, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jamison Ross Ellis 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). Ellis has filed a response, in which he requests new appointed counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Ellis’s claims of ineffective assistance of counsel; we 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40490 Document: 00513927365 Page: 2 Date Filed: 03/27/2017 No. 16-40490 therefore decline to consider the claims 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 Ellis’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, Ellis’s motion for 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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