Filed: Jan. 09, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-10129 Document: 00514784128 Page: 1 Date Filed: 01/07/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-10129 FILED Conference Calendar January 7, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GREGORY JEROME MITCHELL, also known as Jimmy Jombo Kalu, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17-CR-68-1 Before KING, ELROD, and W
Summary: Case: 18-10129 Document: 00514784128 Page: 1 Date Filed: 01/07/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-10129 FILED Conference Calendar January 7, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GREGORY JEROME MITCHELL, also known as Jimmy Jombo Kalu, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17-CR-68-1 Before KING, ELROD, and WI..
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Case: 18-10129 Document: 00514784128 Page: 1 Date Filed: 01/07/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-10129 FILED
Conference Calendar January 7, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GREGORY JEROME MITCHELL, also known as Jimmy Jombo Kalu,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:17-CR-68-1
Before KING, ELROD, and WILLETT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Gregory Jerome
Mitchell 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). Mitchell has filed a response. The record is not
sufficiently developed to allow us to make a fair evaluation of Mitchell’s claim
of ineffective assistance of counsel; we therefore decline to consider the claim
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-10129 Document: 00514784128 Page: 2 Date Filed: 01/07/2019
No. 18-10129
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 Mitchell’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.
2