United States v. Luis Flores-Cartagena

Case: 13-20659 Document: 00513161508 Page: 1 Date Filed: 08/19/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20659 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 19, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. LUIS ALFONSO FLORES-CARTAGENA, also known as Luis Alfonso Flores, also known as Luis Flores, also known as Luis Alfonso Flores Cartagena, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-98-1 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Luis Alfonso Flores-Cartagena has moved for leave to withdraw and has filed a brief and a supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Flores-Cartagena has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20659 Document: 00513161508 Page: 2 Date Filed: 08/19/2015 No. 13-20659 Flores-Cartagena’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to 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 Flores-Cartagena’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. Flores-Cartagena’s motion to remove counsel and to appoint new counsel is DENIED. 2