Case: 13-11275 Document: 00513012457 Page: 1 Date Filed: 04/21/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-11275
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 21, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
BARRY ROBERT TURNER,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:13-CR-85-1
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Barry Robert Turner 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).
Turner has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Turner’s claim of ineffective assistance of
counsel; we therefore decline to consider the claim without prejudice to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-11275 Document: 00513012457 Page: 2 Date Filed: 04/21/2015
No. 13-11275
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 Turner’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.
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