Case: 15-41028 Document: 00513582256 Page: 1 Date Filed: 07/07/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-41028 FILED
Summary Calendar July 7, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CARLOS CARMONA, also known as Kid,
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:13-CR-281-15
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Carlos Carmona 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).
Carmona has filed a response. The record is not sufficiently developed to allow
us to make a fair evaluation of Carmona’s claim of ineffective assistance 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41028 Document: 00513582256 Page: 2 Date Filed: 07/07/2016
No. 15-41028
counsel; we therefore decline to consider the issue without prejudice to
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Carmona’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, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2. Carmona’s motion for appointment of counsel is DENIED
as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
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