United States v. Terry Jackson

Case: 13-11101 Document: 00512709348 Page: 1 Date Filed: 07/23/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-11101 FILED July 23, 2014 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus TERRY LYNN JACKSON, Defendant−Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-31-1 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Terry Jackson has * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-11101 Document: 00512709348 Page: 2 Date Filed: 07/23/2014 No. 13-11101 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). Jackson has filed a response. The record is not sufficiently devel- oped to allow us to make a fair evaluation of Jackson’s claim of ineffective assistance of counsel; we therefore decline to consider the claim on direct appeal. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014), petition for cert. filed (June 4, 2014) (No. 13-10484). We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Jackson’s response. We concur with counsel’s assess- ment 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 5TH CIR. R. 42.2. 2