USA v. Kenny Iroegbu, No. 15-10275 (5th Cir. 2015)

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Case: 15-10275 Document: 00513322195 Page: 1 Date Filed: 12/28/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-10275 Summary Calendar FILED December 28, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. KENNY IROEGBU, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13-CR-14 Before DAVIS, JONES, and DENNIS, Circuit Judges. PER CURIAM: * The attorney appointed to represent Kenny Iroegbu 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). Iroegbu has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Iroegbu’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10275 Document: 00513322195 Page: 2 Date Filed: 12/28/2015 No. 15-10275 collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Iroegbu’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. 2

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