Case: 14-40288 Document: 00512871341 Page: 1 Date Filed: 12/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40288
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. 2:13-CR-968-1
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
to have his sentence vacated. The record is not sufficiently developed to allow
us to make a fair evaluation of Leiva’s claim of ineffective assistance of counsel;
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40288 Document: 00512871341 Page: 2 Date Filed: 12/16/2014
No. 14-40288
we therefore decline to consider the claim without prejudice to Leiva’s ability
to raise the claim 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 motions to vacate his sentence and to have his case
remanded for resentencing are 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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