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United States v. Horace Dean, 20-40176 (2020)

Court: Court of Appeals for the Fifth Circuit Number: 20-40176 Visitors: 7
Filed: Oct. 27, 2020
Latest Update: Oct. 28, 2020
Summary: Case: 20-40176 Document: 00515617642 Page: 1 Date Filed: 10/27/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-40176 October 27, 2020 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Horace Grely Dean, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:18-CR-4-1 Before King, Southwick, and Ho, Circuit Judges. Per Curiam:* The
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Case: 20-40176     Document: 00515617642         Page: 1     Date Filed: 10/27/2020




              United States Court of Appeals
                   for the Fifth Circuit                           United States Court of Appeals
                                                                            Fifth Circuit

                                                                          FILED
                                  No. 20-40176                      October 27, 2020
                               Conference Calendar                   Lyle W. Cayce
                                                                          Clerk

   United States of America,

                                                             Plaintiff—Appellee,

                                       versus

   Horace Grely Dean,

                                                         Defendant—Appellant.


                  Appeal from the United States District Court
                       for the Eastern District of Texas
                            USDC No. 6:18-CR-4-1


   Before King, Southwick, and Ho, Circuit Judges.
   Per Curiam:*
          The attorney appointed to represent Horace Grely Dean 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). Dean has filed a response. The record is not sufficiently


          *
            Pursuant to 5th Circuit Rule 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   opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-40176        Document: 00515617642        Page: 2   Date Filed: 10/27/2020




                                    No. 20-40176


   developed to allow us to make a fair evaluation of Dean’s claims of ineffective
   assistance of 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 Dean’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.




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