USA v. Sean Sharer
UNPUBLISHED OPINION FILED. [16-10788 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: JEG Mandate pull date is 05/09/2017 for Appellant Sean Sharer; denying motion to proceed pro se filed by Appellant Mr. Sean Sharer [8357578-2]; granting motion to withdraw as counsel filed by Mr. Kenneth Edwin Carroll [8299462-2] [16-10788]
Date Filed: 04/18/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
April 18, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
SEAN SHARER, also known as Cowboy Sean,
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-367-18
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Sean Sharer 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).
Sharer has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Sharer’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 04/18/2017
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 Sharer’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. Sharer’s request to proceed pro se on appeal is untimely, and,
therefore, it is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03
(5th Cir. 1998).
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