USA v. Arnoldo Morale


UNPUBLISHED OPINION FILED. [16-40281 Dismissed as Frivolous] Judge: CDK, Judge: JWE, Judge: SAH. Mandate pull date is 09/12/2017 for Appellant Arnoldo Morales; granting motion to withdraw as counsel filed by Mr. William Norman Pedersen, III, Esq. [8259077-2]; granting motion to file response out of time filed by Appellant Mr. Arnoldo Morales [8505381-2]; denying motion to relieve attorney filed by Appellant Mr. Arnoldo Morales [8505381-4]; denying motion to appoint counsel filed by Appellant Mr. Arnoldo Morales [8437655-3] [16-40281] denying motion to appoint counsel filed by Appellant Mr. Arnoldo Morales [8505381-3] [16-40281]

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Case: 16-40281 Document: 00514126974 Page: 1 Date Filed: 08/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40281 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 22, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARNOLDO MORALES, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13-CR-200-5 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Arnoldo Morales has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Morales has filed responses. The record is not sufficiently developed to allow us to make a fair evaluation of Morales’s ineffective assistance of counsel 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40281 Document: 00514126974 Page: 2 Date Filed: 08/22/2017 No. 16-40281 claims; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Morales’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. Morales’s motion to file an out-of-time response is GRANTED. His motions to relieve counsel and for the appointment of new counsel are DENIED. 2

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