USA v. David Milner, No. 17-50185 (5th Cir. 2018)

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Case: 17-50185 Document: 00514509518 Page: 1 Date Filed: 06/12/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-50185 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 12, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID MAURICE MILNER, also known as “D,” also known as David Milner, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:15-CR-1699-1 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent David Maurice Milner 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). Milner has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Milner’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50185 Document: 00514509518 Page: 2 Date Filed: 06/12/2018 No. 17-50185 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 Milner’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. In addition, Milner’s motion to take judicial notice is DENIED. 2

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