IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-50569

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DONALD GLENN LAMB,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 1:12-CR-375-2

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Donald Glenn Lamb, Jason B. 

McMinn, has moved for leave to withdraw and has filed briefs in support of his 

motion. See Anders v. California, 386 U.S. 738 (1967); United States v. Flores, 

632 F.3d 229 (5th Cir. 2011). Lamb has responded. The record is not 

sufficiently developed to allow us to make a fair evaluation of Lamb’s claims of 

ineffective assistance of counsel; we therefore decline to consider the claims

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

March 23, 2016

Lyle W. Cayce

Clerk

 Case: 13-50569 Document: 00513434759 Page: 1 Date Filed: 03/23/2016
No. 13-50569

2

without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 

841 (5th Cir. 2014).

We have reviewed counsel’s briefs and the relevant portions of the record 

reflected therein, as well as Lamb’s responses. Because the attorney’s briefing 

was not satisfactory despite three attempts, we have also conducted an 

independent assessment of the record. We concur with counsel’s assessment 

that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s 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.

Although Lamb’s appeal presents no nonfrivolous issues, counsel’s work 

in this appeal was of little assistance to this court in determining that such 

was the case. Counsel initially filed a motion to withdraw and brief, 

unaccompanied by the rearraignment transcript or any discussion of the 

appeal waiver provision—both of which were essential to addressing whether 

the appeal presented any nonfrivolous issues. In a supplemental Anders brief, 

counsel did little to comply with this court’s previous order, adding only a few 

sentences purporting to address the validity of the appeal waiver. On June 8, 

2015, in ordering a revised supplemental brief, this court directed counsel to, 

inter alia, reference the points in the Anders checklist posted on this court’s 

website and to include in his revised supplemental brief “proper citations to the 

record and relevant authority.” A sanction warning also issued. Despite the 

latter order, in his revised supplemental brief, counsel does little to remedy his 

prior deficiencies. He fails to address whether any exception to the waiver 

applies or whether the Government has complied with the plea agreement. In 

addition, counsel still has not certified, pursuant to United States v. Acquaye, 

452 F.3d 380, 382 (5th Cir. 2006), whether the Government intends to enforce 

 Case: 13-50569 Document: 00513434759 Page: 2 Date Filed: 03/23/2016
No. 13-50569

3

the appeal waiver. He also entirely neglects to discuss the district court’s 

compliance with Rule 32 of the Federal Rules of Criminal Procedure, and he 

does not address the procedural and substantive reasonableness of the 

sentence imposed in more than a conclusional way.

Accordingly, McMinn is ordered to show cause, within 15 days from the 

date of this opinion, why this court should not order that payment for services 

rendered and expenses incurred by him in this appeal be disallowed and 

denied. See United States v. Gaitan, 171 F.3d 222, 223 (5th Cir. 1999) 

(imposing sanction for pursuing appeal on sentencing issues contrary to a 

waiver-of-appeal provision in defendant’s plea agreement).

MOTION GRANTED; APPEAL DISMISSED; COUNSEL ORDERED 

TO SHOW CAUSE.

 Case: 13-50569 Document: 00513434759 Page: 3 Date Filed: 03/23/2016