USA v. Potter, No. 20-10861 (5th Cir. 2021)

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Case: 20-10861 Document: 00516088607 Page: 1 Date Filed: 11/10/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 10, 2021 No. 20-10861 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus William Ross Potter, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-550-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent William Ross Potter seeks leave to withdraw and has filed a brief and supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Potter has filed responses. The record is not sufficiently * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10861 Document: 00516088607 Page: 2 Date Filed: 11/10/2021 No. 20-10861 developed to allow us to make a fair evaluation of Potter’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Potter’s responses. 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. Potter’s motion to appoint new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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