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UNPUBLISHED OPINION FILED.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]
Date Filed: 08/22/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
August 22, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 08/22/2017
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.
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