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United States v. Jerry Thompson, Jr., 15-30116 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 15-30116 Visitors: 16
Filed: Sep. 30, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 15-30116 Document: 00513213220 Page: 1 Date Filed: 09/30/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-30116 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 30, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JERRY KENNETH THOMPSON, JR., Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:14-CR-123-1 Before JOLLY, PRADO, and ELROD, Circuit Judges. P
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     Case: 15-30116      Document: 00513213220         Page: 1    Date Filed: 09/30/2015




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-30116
                                  Summary Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                        September 30, 2015
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

JERRY KENNETH THOMPSON, JR.,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                      for the Western District of Louisiana
                             USDC No. 5:14-CR-123-1


Before JOLLY, PRADO, and ELROD, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Jerry Kenneth
Thompson, Jr., 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). Thompson has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Thompson’s claim of ineffective assistance of counsel; we therefore decline 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: 15-30116     Document: 00513213220     Page: 2   Date Filed: 09/30/2015


                                  No. 15-30116

consider the claim without prejudice to 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 Thompson’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. Thompson’s motion for the appointment of new counsel is
DENIED.




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Source:  CourtListener

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