United States v. Mazda Rasasy

Case: 15-30583 Document: 00513448721 Page: 1 Date Filed: 04/01/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-30583 FILED Summary Calendar April 1, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MAZDA RASASY, also known as Phatsavong Rasasy, also known as Phuts, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:14-CR-103 Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Mazda Rasasy 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). Rasasy has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Rasasy’s claims of ineffective assistance of counsel; we therefore decline to consider the claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-30583 Document: 00513448721 Page: 2 Date Filed: 04/01/2016 No. 15-30583 prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rasasy’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