USA v. James Burke, No. 17-20307 (5th Cir. 2018)

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Case: 17-20307 Document: 00514349716 Page: 1 Date Filed: 02/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-20307 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 16, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAMES PATRICK BURKE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-483-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent James Patrick Burke 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). Burke has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Burke’s claims of ineffective assistance of counsel; 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20307 Document: 00514349716 Page: 2 Date Filed: 02/16/2018 No. 17-20307 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 Burke’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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. Burke’s motion for the appointment of new counsel is DENIED. 2

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