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United States v. Earl Harrison, 20-10243 (2020)

Court: Court of Appeals for the Fifth Circuit Number: 20-10243 Visitors: 89
Filed: Oct. 08, 2020
Latest Update: Oct. 09, 2020
Summary: Case: 20-10243 Document: 00515594913 Page: 1 Date Filed: 10/08/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 8, 2020 No. 20-10243 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Earl Tyrone Love Harrison, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 1:19-CR-61-3 Before Dennis, Costa, and Engelhardt, Circuit Judges. Pe
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Case: 20-10243     Document: 00515594913         Page: 1     Date Filed: 10/08/2020




              United States Court of Appeals
                   for the Fifth Circuit                           United States Court of Appeals
                                                                            Fifth Circuit

                                                                          FILED
                                                                    October 8, 2020
                                  No. 20-10243
                                                                     Lyle W. Cayce
                               Conference Calendar                        Clerk


   United States of America,

                                                             Plaintiff—Appellee,

                                       versus

   Earl Tyrone Love Harrison,

                                                         Defendant—Appellant.


                  Appeal from the United States District Court
                      for the Northern District of Texas
                            USDC No. 1:19-CR-61-3


   Before Dennis, Costa, and Engelhardt, Circuit Judges.
   Per Curiam:*
          The attorney appointed to represent Earl Tyrone Love Harrison 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). Harrison has filed a response. The record is not sufficiently


          *
            Pursuant to 5th Circuit Rule 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   opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10243     Document: 00515594913          Page: 2   Date Filed: 10/08/2020




                                   No. 20-10243


   developed to allow us to make a fair evaluation of Harrison’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 Harrison’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.




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