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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.