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United States v. Barry Turner, 13-11275 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 13-11275 Visitors: 10
Filed: Apr. 21, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 13-11275 Document: 00513012457 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-11275 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 21, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. BARRY ROBERT TURNER, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 4:13-CR-85-1 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM
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     Case: 13-11275      Document: 00513012457         Page: 1    Date Filed: 04/21/2015




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 13-11275
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            April 21, 2015
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

BARRY ROBERT TURNER,

                                                 Defendant-Appellant


                  Appeals from the United States District Court
                       for the Northern District of Texas
                             USDC No. 4:13-CR-85-1


Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Barry Robert Turner 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).
Turner has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Turner’s claim of ineffective assistance of
counsel; we therefore decline to consider the claim without prejudice to


       * 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: 13-11275     Document: 00513012457     Page: 2   Date Filed: 04/21/2015


                                  No. 13-11275

collateral review. See United States v. Isgar, 
739 F.3d 829
, 841 (5th Cir.), cert.
denied, 
135 S. Ct. 123
(2014).
      We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Turner’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

Source:  CourtListener

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