USA v. Jerry Ware

Filing

UNPUBLISHED OPINION FILED. [16-11077 Dismissed as Frivolous] Judge: EGJ , Judge: ECP , Judge: LHS. Mandate pull date is 03/14/2017 for Appellant Jerry Ware; granting motion to withdraw as counsel filed by Ms. Dianne Kathryn Jones McVay, Esq. [8323910-2] [16-11077]

Case: 16-11077

Document: 00513882344

Page: 1

Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11077
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JERRY WARE,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-40-2
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jerry Ware 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). Ware
has filed a response. The record is not sufficiently developed to allow us to
make a fair evaluation of Ware’s claim of ineffective assistance of counsel; we

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11077

Document: 00513882344

Page: 2

Date Filed: 02/21/2017

No. 16-11077
therefore decline to consider the claim 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 parts of the record
reflected therein, as well as Ware’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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