Case: 17-10677 Document: 00514306380 Page: 1 Date Filed: 01/12/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-10677
Fifth Circuit
FILED
Summary Calendar January 12, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
KELLY TURNER,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 6:16-CR-33-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Kelly 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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-10677 Document: 00514306380 Page: 2 Date Filed: 01/12/2018
No. 17-10677
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 Turner’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, Turner’s request for appointment of substitute counsel is
DENIED, 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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