Case: 17-50185      Document: 00514509518         Page: 1    Date Filed: 06/12/2018




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                        United States Court of Appeals
                                                                                 Fifth Circuit

                                    No. 17-50185                               FILED
                                  Summary Calendar                         June 12, 2018
                                                                          Lyle W. Cayce
                                                                               Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

DAVID MAURICE MILNER, also known as “D,” also known as David Milner,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                            USDC No. 3:15-CR-1699-1


Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent David Maurice
Milner has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 

(1967), and United States v. Flores, 

(5th Cir. 2011). Milner has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Milner’s claims
of ineffective assistance of counsel; we therefore decline to consider the claims


       * 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50185     Document: 00514509518    Page: 2   Date Filed: 06/12/2018


                                 No. 17-50185

without prejudice to collateral review. See United States v. Isgar, 

,
841 (5th Cir. 2014).
      We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Milner’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. In addition, Milner’s motion to take judicial notice is DENIED.




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