USA v. Misty Kelley


UNPUBLISHED OPINION FILED. [16-10607 Dismissed as Frivolous] Judge: PEH , Judge: EHJ , Judge: JES Mandate pull date is 10/05/2017 for Appellant Misty Dawn Kelley; granting motion to withdraw as counsel filed by Mr. Jacob Austin Blizzard [8476602-2] [16-10607]

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Case: 16-10607 Document: 00514156563 Page: 1 Date Filed: 09/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10607 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 14, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MISTY DAWN KELLEY, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:15-CR-66-1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: * The attorney appointed to represent Misty Dawn Kelley 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). Kelley has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Kelley’s claims of ineffective assistance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-10607 Document: 00514156563 Page: 2 Date Filed: 09/14/2017 No. 16-10607 counsel; we therefore decline to consider the claims 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 Kelley’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. 2

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