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United States v. Charles Johnson
670 F. App'x 879
| 5th Cir. | 2016
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Docket

*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Charles Johnson 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). Johnson has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Johnson’s claims of ineffective assistance of *2 Case: 16-30049 Document: 00513774844 Page: 2 Date Filed: 11/28/2016

No. 16-30049

counsel; 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). Johnson’s motion for the appointment of substitute counsel is DENIED.

We have reviewed counsel’s brief and the relevant portions of the record referenced therein, as well as Johnson’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Charles Johnson
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 28, 2016
Citation: 670 F. App'x 879
Docket Number: 16-30049 Summary Calendar
Court Abbreviation: 5th Cir.
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