United States v. Rickey Jennings

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 18-10619
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RICKEY LAVELL JENNINGS,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CR-45-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM:
*
The attorney appointed to represent Rickey Lavell Jennings 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). Jennings has filed responses. The record is not sufficiently
developed to allow us to make a fair evaluation of Jennings’s claim of
ineffective assistance of counsel; we therefore decline to consider the claim

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
March 23, 2020

Lyle W. Cayce
Clerk
Case: 18-10619 Document: 00515355578 Page: 1 Date Filed: 03/23/2020

No. 18-10619
2
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 Jennings’s responses. 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
5
TH CIR. R. 42.2. Jennings’s untimely request for appointment of new counsel
on appeal is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th
Cir. 1998).
Case: 18-10619 Document: 00515355578 Page: 2 Date Filed: 03/23/2020