USA v. Craig Pipp


UNPUBLISHED OPINION FILED. [14-40317 Dismissed as Frivolous] Judge: TMR , Judge: JES , Judge: JEG Mandate pull date is 05/12/2015 for Appellant Craig Pipps; denying as untimely motion to relieve attorney filed by Appellant Mr. Craig Pipps [7727171-3]; denying as untimely motion to proceed pro se filed by Appellant Mr. Craig Pipps [7727171-4]; granting motion to withdraw as counsel filed by Mr. Douglas Milton Barlow [7711072-2] [14-40317]

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Case: 14-40317 Document: 00513012917 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40317 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 21, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. CRAIG PIPPS, also known as Lone Wolf, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:12-CR-119-5 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Craig Pipps 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). Pipps has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Pipps’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40317 Document: 00513012917 Page: 2 Date Filed: 04/21/2015 No. 14-40317 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 Pipps’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. Pipps’s request to relieve counsel and 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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