USA v. Misty Kelley

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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