USA v. Julia Poff, No. 19-20853 (5th Cir. 2020)

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This opinion or order relates to an opinion or order originally issued on June 2, 2020.

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Case: 19-20853 Document: 00515649000 Page: 1 Date Filed: 11/23/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 23, 2020 No. 19-20853 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Julia Ann Poff, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas No. 4:17-CR-669-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The attorney appointed to represent Julia Poff has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Poff has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-20853 Document: 00515649000 Page: 2 Date Filed: 11/23/2020 No. 19-20853 Poff’s claims of ineffective assistance of counsel, which we decline to consider without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief, relevant portions of the record, and Poff’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. Poff’s pro se motions are DENIED. 2

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