USA v. John Scott

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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