United States v. Tyrell Daniels

Case: 14-10486 Document: 00512892764 Page: 1 Date Filed: 01/07/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-10486 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 7, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. TYRELL DANIELS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:13-CR-68-1 Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Tyrell Daniels 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). Daniels has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Daniels’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-10486 Document: 00512892764 Page: 2 Date Filed: 01/07/2015 No. 14-10486 prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Daniels’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 5TH CIR. R. 42.2. 2