USA v. Eric Harper

Filing

UNPUBLISHED OPINION FILED. [13-40682 Dismissed as Frivolous] Judge: ECP , Judge: JWE , Judge: CH Mandate pull date is 05/07/2014 for Appellant Eric LaPaul Harper; granting motion to withdraw as counsel filed by Mr. James Patrick Whalen [7488504-2] [13-40682]

Case: 13-40682

Document: 00512598612

Page: 1

Date Filed: 04/16/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40682
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
April 16, 2014

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
ERIC LAPAUL HARPER,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:12-CR-18-5
Before PRADO, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Eric LaPaul Harper 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).
Harper has filed a response.
The record does not provide sufficient detail to allow us to make a fair
evaluation of Harper’s claim of ineffective assistance of counsel; we therefore

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40682

Document: 00512598612

Page: 2

Date Filed: 04/16/2014

No. 13-40682
decline to consider the claim 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
Harper’s response.

We concur with counsel’s assessment that the appeal

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s
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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