USA v. Michael Irby
Filing
UNPUBLISHED OPINION FILED. [14-30331 Dismissed as Frivolous] Judge: WED , Judge: JWE , Judge: GJC Mandate pull date is 03/17/2015 for Appellant Michael Irby; granting motion to withdraw as counsel filed by Mr. Jordan Mark Siverd [7747296-2] [14-30331]
Case: 14-30331
Document: 00512946062
Page: 1
Date Filed: 02/24/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-30331
Conference Calendar
FILED
February 24, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL IRBY,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:13-CR-111-1
Before DAVIS, ELROD, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Michael Irby 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). Irby has filed a response. The record is not sufficiently developed
to allow us to make a fair evaluation of Irby’s claims of ineffective assistance
of counsel; we therefore decline to consider the claims without prejudice to
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-30331
Document: 00512946062
Page: 2
Date Filed: 02/24/2015
No. 14-30331
collateral 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 Irby’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. Irby’s request to proceed pro se is DENIED as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?