Filed: Aug. 28, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-11194 Document: 00515096363 Page: 1 Date Filed: 08/28/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-11194 August 28, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KENNETH TANNIEHILL, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-154-5 Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges. PER CURIA
Summary: Case: 18-11194 Document: 00515096363 Page: 1 Date Filed: 08/28/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-11194 August 28, 2019 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KENNETH TANNIEHILL, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:17-CR-154-5 Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges. PER CURIAM..
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Case: 18-11194 Document: 00515096363 Page: 1 Date Filed: 08/28/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 18-11194 August 28, 2019
Conference Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
KENNETH TANNIEHILL,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-154-5
Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Kenneth Tanniehill 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).
Tanniehill has filed responses. The record is not sufficiently developed to allow
us to make a fair evaluation of Tanniehill’s claims of ineffective assistance of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-11194 Document: 00515096363 Page: 2 Date Filed: 08/28/2019
No. 18-11194
counsel; we therefore decline to consider the claims 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 Tanniehill’s responses. 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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