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United States v. Misty Kelley
697 F. App'x 383
| 5th Cir. | 2017
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Docket

*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Misty Dawn Kelley 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). Kelley has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Kelley’s claims of ineffective assistance of *2 Case: 16-10607 Document: 00514156563 Page: 2 Date Filed: 09/14/2017

No. 16-10607

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).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Kelley’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. Misty Kelley
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Sep 14, 2017
Citation: 697 F. App'x 383
Docket Number: 16-10607 Summary Calendar
Court Abbreviation: 5th Cir.
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