Case: 15-11069 Document: 00513580568 Page: 1 Date Filed: 07/06/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-11069 FILED
Summary Calendar July 6, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DERRICK HARRIS,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-104-1
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Derrick Harris 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). Harris has filed a response in which he alleges that his counsel
erroneously advised him that he would be eligible for the prison’s residential
drug abuse program. The record is not sufficiently developed to allow us 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-11069 Document: 00513580568 Page: 2 Date Filed: 07/06/2016
No. 15-11069
make a fair evaluation of Harris’s claim of ineffective assistance of counsel; we
therefore decline to consider the claim without 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 Harris’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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