United States v. Carlos Delgado , 690 F. App'x 297 ( 2017 )

Case: 16-41156 Document: 00514033774 Page: 1 Date Filed: 06/14/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-41156 FILED
Summary Calendar June 14, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CARLOS EDUARDO DELGADO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-465-1
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Carlos Eduardo Delgado 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). Delgado has filed a response, and he requests substitution of new
counsel for his appointed attorney. The motion for appointment of substitute
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41156 Document: 00514033774 Page: 2 Date Filed: 06/14/2017
No. 16-41156
counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901,
90203 (5th Cir. 1998).
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Delgado’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.
2