United States v. Chayce Hodges

Case: 16-11787 Document: 00514342051 Page: 1 Date Filed: 02/08/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals

No. 16-11787 Fifth Circuit

FILED Summary Calendar February 8, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee

v.

CHAYCE DANIEL HODGES, also known as Staks,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16-CR-132-6

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Chayce Daniel Hodges 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). Hodges has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Hodges’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11787 Document: 00514342051 Page: 2 Date Filed: 02/08/2018

No. 16-11787

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 Hodges’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. Hodges’s motion for appointment of counsel is DENIED.

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