United States v. Jorge Calderon-Canas

     Case: 15-10417      Document: 00513471959         Page: 1    Date Filed: 04/20/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                          United States Court of Appeals
                                                                                   Fifth Circuit

                                                                                 FILED
                                    No. 15-10417                             April 20, 2016
                                 Conference Calendar
                                                                            Lyle W. Cayce
                                                                                 Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JORGE CALDERON-CANAS, also known as Sobrino, also known as Sottero
Alanzo Franko, also known as Lucas Vargas Dias,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:13-CR-466-5


Before REAVLEY, ELROD, and HAYNES, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Jorge Calderon-Canas 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). Calderon-Canas has filed a response. The record is not sufficiently
developed to allow us to make a fair evaluation of Calderon-Canas’s claim 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10417    Document: 00513471959    Page: 2   Date Filed: 04/20/2016


                                No. 15-10417

ineffective assistance of counsel; we therefore decline to consider the claim
without prejudice to such right to collateral review as Calderon-Canas may
have. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
      We have reviewed counsel’s brief and the relevant parts of the record
reflected therein, as well as Calderon-Canas’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.




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