United States v. Shannon Buck

Case: 16-10349 Document: 00513969675 Page: 1 Date Filed: 04/26/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-10349 FILED Summary Calendar April 26, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SHANNON BUCK, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-354-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Shannon Buck 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). Buck has filed a response and moved for leave to file a supplemental response. That motion is GRANTED. The record is not sufficiently developed to allow us to make a fair evaluation of Buck’s claims 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10349 Document: 00513969675 Page: 2 Date Filed: 04/26/2017 No. 16-10349 thus 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 Buck’s response and supplemental 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. Buck’s motion to appoint new counsel is DENIED. 2