UNITED STATES OF AMERICA v. CHAYCE DANIEL HODGES

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United States Court of Appeals, Fifth Circuit.

UNITED STATES OF AMERICA, Plaintiff-Appellee v. CHAYCE DANIEL HODGES, also known as Staks, Defendant-Appellant

No. 16-11787

    Decided: February 08, 2018

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.

The attorney appointed to represent Chayce Daniel Hodges 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). Hodges has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Hodges's claims of ineffective assistance of 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 Hodges'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. Hodges's motion for appointment of counsel is DENIED.

FOOTNOTES

FOOTNOTE.  

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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