Case: 13-10634 Document: 00512597926 Page: 1 Date Filed: 04/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10634
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
WILFORD RAY ELLIS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:12-CR-106-1
Before PRADO, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Wilford Ray Ellis
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). Ellis filed a letter requesting more time to file a response
to the Anders brief, and he was given more time. However, he never filed a
response.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-10634 Document: 00512597926 Page: 2 Date Filed: 04/16/2014
No. 13-10634
To the extent that Ellis’s pro se effort to withdraw his plea at sentencing
raises a claim of ineffective assistance of counsel, the record is insufficiently
developed; we therefore decline to consider it without prejudice to his right to
raise it on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th
Cir. 2014). We have reviewed counsel’s brief, the relevant portions of the
record reflected therein, and Ellis’s initial letter. 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.
2