USA v. Dang Nguyen


UNPUBLISHED OPINION FILED. [16-20178 Dismissed as Frivolous] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 04/17/2017 for Appellant Dang Hai Nguyen; denying as untimely motion to appoint counsel filed by Appellant Mr. Dang Hai Nguyen [8371064-3]; granting motion to withdraw as counsel filed by Mr. Leif A. Olson [8341108-2] [16-20178]

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Case: 16-20178 Document: 00513926731 Page: 1 Date Filed: 03/27/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20178 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 27, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANG HAI NGUYEN, also known as Cong Chi Le, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-303-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Dang Hai Nguyen 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). Nguyen has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Nguyen’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20178 Document: 00513926731 Page: 2 Date Filed: 03/27/2017 No. 16-20178 collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). The motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Nguyen’s response. 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. 2

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