United States v. Jerry Ware

Case: 16-11077 Document: 00513882344 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11077 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JERRY WARE, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-40-2 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jerry Ware 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). Ware has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Ware’s claim of ineffective assistance of counsel; we * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11077 Document: 00513882344 Page: 2 Date Filed: 02/21/2017 No. 16-11077 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 parts of the record reflected therein, as well as Ware’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