U.S. Court of Appeals for the Fifth Circuit, 2014

United States v. Dietrick Johnson

United States v. Dietrick Johnson
U.S. Court of Appeals for the Fifth Circuit · Decided July 23, 2014 · Reavley, Jones, Prado
576 F. App'x 307

United States v. Dietrick Johnson

Opinion

PER CURIAM: *

The attorney appointed to represent Dietrick Lewis Johnson has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Johnson has filed a response. To the extent Johnson complains of his counsels’ performance, the record is not sufficiently developed to allow us to make a fair evaluation of any claim of ineffective assistance of counsel; we therefore decline to consider such a 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 portions of the record reflected therein, as well as Johnson’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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