United States v. Emanuel Wade

Case: 15-20744 Document: 00513731444 Page: 1 Date Filed: 10/24/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-20744 FILED Summary Calendar October 24, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EMANUEL DANDRE WADE, also known as Marcus, also known as Emanual Dandre Wade, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CR-97-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Emanuel Dandre Wade 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). Wade has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Wade’s claims of ineffective assistance * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20744 Document: 00513731444 Page: 2 Date Filed: 10/24/2016 No. 15-20744 of counsel; we therefore decline to consider the claims 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 Wade’s response. Wade’s request for an evidentiary hearing is DENIED. 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