Case: 14-40289 Document: 00512871386 Page: 1 Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40289
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 16, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CARLOS ENRIQUE LEIVA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:07-CR-564-1
Before KING, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The Federal Public Defender (FPD) appointed to represent Carlos
Enrique Leiva 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). Leiva has filed a response and moves
for the appointment of new counsel. Although Leiva’s response raises claims
of ineffective assistance of counsel, those claims were not presented before the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40289 Document: 00512871386 Page: 2 Date Filed: 12/16/2014
No. 14-40289
district court. We therefore decline to consider the claims without prejudice to
Leiva’s ability to raise the claims on 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 Leiva’s response. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, Leiva’s pro se motion for the appointment of new counsel is
DENIED, the FPD’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.
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