USA v. Michael Irby


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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