USA v. Howard Brown, No. 16-40624 (5th Cir. 2016)

Annotate this Case
Download PDF
Case: 16-40624 Document: 00513789525 Page: 1 Date Filed: 12/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-40624 Summary Calendar FILED December 8, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HOWARD LESLIE BROWN, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:15-CR-104-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Howard Leslie Brown 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). Brown has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Brown’s claim of ineffective assistance of counsel; we therefore decline to consider the claim 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40624 Document: 00513789525 Page: 2 Date Filed: 12/08/2016 No. 16-40624 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 Brown’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