USA v. David Rougeau


UNPUBLISHED OPINION FILED. [17-40323 Dismissed as Frivolous] Judge: PEH, Judge: EHJ, Judge: JES. Mandate issue date is 01/29/2018 for Appellant David Tiberious Rougeau; granting Motion to file response out of time filed by Appellant Mr. David Tiberious Rougeau [8594998-2]; granting Motion to withdraw as counsel filed by Ms. Denise S. Benson, Esq. [8535990-2] [17-40323]

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Case: 17-40323 Document: 00514296440 Page: 1 Date Filed: 01/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40323 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 5, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID TIBERIOUS ROUGEAU, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:16-CR-54-1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent David Tiberious Rougeau 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). Rougeau has filed an untimely response and a motion asking that we consider his response despite its untimeliness. That motion is GRANTED. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40323 Document: 00514296440 Page: 2 Date Filed: 01/05/2018 No. 17-40323 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rougeau’s response. The record is not sufficiently developed to allow us to make a fair evaluation of Rougeau’s claim of ineffective assistance of counsel; we therefore decline to consider that claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 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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