Case: 15-30116 Document: 00513213220 Page: 1 Date Filed: 09/30/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-30116
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
September 30, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JERRY KENNETH THOMPSON, JR.,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:14-CR-123-1
Before JOLLY, PRADO, and ELROD, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jerry Kenneth
Thompson, Jr., 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). Thompson has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Thompson’s claim of ineffective assistance of counsel; we therefore decline 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-30116 Document: 00513213220 Page: 2 Date Filed: 09/30/2015
No. 15-30116
consider the claim without 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 Thompson’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. Thompson’s motion for the appointment of new counsel is
DENIED.
2