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United States v. Ricardo Tirado, 14-40092 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 14-40092 Visitors: 8
Filed: Jun. 16, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-40092 Document: 00513079523 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40092 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. RICARDO TIRADO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-155-3 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * T
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     Case: 14-40092      Document: 00513079523         Page: 1    Date Filed: 06/16/2015




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 14-40092
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 16, 2015
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

RICARDO TIRADO,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 5:13-CR-155-3


Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Ricardo Tirado 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).
Tirado has filed responses. The record is not sufficiently developed to allow us
to make a fair evaluation of Tirado’s claim of ineffective assistance of counsel;
we therefore decline to consider the claim without prejudice to collateral


       * 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: 14-40092       Document: 00513079523   Page: 2   Date Filed: 06/16/2015


                                  No. 14-40092

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 Tirado’s responses. 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. Tirado’s motions for appointment of counsel are DENIED.




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Source:  CourtListener

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