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United States v. Carlos Carmona, 15-41028 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-41028 Visitors: 38
Filed: Jul. 07, 2016
Latest Update: Mar. 03, 2020
Summary: 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
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     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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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Source:  CourtListener

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