United States v. Kamardeen Ogunleye

Case: 14-11245 Document: 00513222702 Page: 1 Date Filed: 10/07/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 14-11245
Summary Calendar
United States Court of Appeals
Fifth Circuit

FILED
October 7, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

KAMARDEEN OGUNLEYE,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-28-1

Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Kamardeen Ogunleye 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). Ogunleye has filed a response and has moved for the appointment
of new counsel. The record is not sufficiently developed to allow us to make a
fair evaluation of Ogunleye’s claims of ineffective assistance of counsel; we

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-11245 Document: 00513222702 Page: 2 Date Filed: 10/07/2015

No. 14-11245

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 Ogunleye’s response. 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, and counsel
is excused from further responsibilities herein. Ogunleye’s motion for the
appointment of new counsel is DENIED as untimely. See United States v.
Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). The APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.