United States v. Nathan Cooper

Case: 16-10195 Document: 00513755386 Page: 1 Date Filed: 11/10/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10195 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 10, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. NATHAN BRYANT COOPER, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-151-27 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Nathan Bryant Cooper 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). Cooper has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Cooper’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10195 Document: 00513755386 Page: 2 Date Filed: 11/10/2016 No. 16-10195 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 Cooper’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