Opinion
No. 13-20304
04-16-2014
UNITED STATES OF AMERICA, Plaintiff-Appellee v. RICHARD REDMON ANDERSON, Defendant-Appellant
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:12-CR-456-1
Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
The attorney appointed to represent Richard Redmon Anderson 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). Anderson has filed an untimely response, which we construe as a motion for leave to file an out-of-time response and GRANT.
The record does not provide sufficient detail to allow us to make a fair evaluation of Anderson's claim of ineffective assistance of counsel; we 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 portions of the record reflected therein, as well as Anderson'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.