USA v. Deandre Byrd, No. 17-11261 (5th Cir. 2018)

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Case: 17-11261 Document: 00514492274 Page: 1 Date Filed: 05/30/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-11261 Summary Calendar FILED May 30, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DEANDRE BYRD, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17-CR-37-1 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Deandre Byrd 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). Byrd has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Byrd’s claims of ineffective assistance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-11261 Document: 00514492274 Page: 2 Date Filed: 05/30/2018 No. 17-11261 of counsel; we 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 Byrd’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. Byrd’s motion for a sentence reduction, which he has brought for the first time in this court, is DENIED. 2

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