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United States v. Mark Pape
653 F. App'x 246
| 5th Cir. | 2016
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Docket

*1 Before JONES, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Mark Anthony Pape 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). Pape has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Pape’s claim of ineffective assistance of counsel; *2 Case: 15-10821 Document: 00513556178 Page: 2 Date Filed: 06/21/2016

No. 15-10821

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 brief and the relevant portions of the record reflected therein, as well as Pape’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 5 TH C IR . R. 42.2.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Mark Pape
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jun 21, 2016
Citation: 653 F. App'x 246
Docket Number: 15-10821
Court Abbreviation: 5th Cir.
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