United States v. Selena Ball

Case: 15-11184 Document: 00513896918 Page: 1 Date Filed: 03/03/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-11184 FILED Summary Calendar March 3, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SELENA BALL, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-451-9 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Selena Ball 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). Ball has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Ball’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-11184 Document: 00513896918 Page: 2 Date Filed: 03/03/2017 No. 15-11184 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 Ball’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