United States v. Dontraye Potter

Case: 15-10492 Document: 00513383468 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-10492 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

DONTRAYE POTTER, also known as Tre,

Defendant-Appellant

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-368-1

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Dontraye Potter 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). Potter has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Potter’s claims of ineffective assistance

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10492 Document: 00513383468 Page: 2 Date Filed: 02/17/2016

No. 15-10492

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 Potter’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. Potter’s motion to relieve counsel and appoint new counsel is DENIED.

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