USA v. John Scott

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UNPUBLISHED OPINION FILED. [13-20557 Dismissed as Frivolous] Judge: TMR , Judge: JLD , Judge: LHS Mandate pull date is 01/27/2015 for Appellant John Berley Scott; granting motion to withdraw as counsel filed by Mr. Lee Harper Wilson [7639138-2] [13-20557]

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Case: 13-20557 Document: 00512890421 Page: 1 Date Filed: 01/06/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-20557 Summary Calendar FILED January 6, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOHN BERLEY SCOTT, also known as Fresh, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-61-8 Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent John Berley Scott 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). Scott has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Scott’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20557 Document: 00512890421 Page: 2 Date Filed: 01/06/2015 No. 13-20557 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 Scott’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. 2

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