United States v. Calderon

Case: 19-10462 Document: 00516242168 Page: 1 Date Filed: 03/16/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 16, 2022
No. 19-10462 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Luis Arturo Calderon,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
No. 3:18-CR-81-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Luis Calderon has moved to
withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967),
and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Calderon has filed
a response. We treat the response as containing a motion for leave to file an
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 19-10462 Document: 00516242168 Page: 2 Date Filed: 03/16/2022
No. 19-10462
out-of-time response and a motion to exceed the page limit, both of which are
GRANTED.
We have reviewed counsel’s brief, relevant portions of the record,
Calderon’s response, and other filings. The record is not sufficiently devel-
oped to allow us to make a fair evaluation of Calderon’s claim of ineffective
assistance of counsel; we therefore decline to consider the claim but without
prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841
(5th Cir. 2014).
We concur with counsel’s assessment that the appeal presents no non-
frivolous issue for appellate review. Accordingly, the motion to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and
the appeal is DISMISSED. See 5th Cir. R. 42.2.
2