USA v. Carlos Delgado


UNPUBLISHED OPINION FILED. [16-41156 Dismissed as Frivolous] Judge: PEH, Judge: ECP, Judge: CH. Mandate pull date is 07/05/2017 for Appellant Carlos Eduardo Delgado; denying as untimely motion to appoint counsel filed by Appellant Mr. Carlos Eduardo Delgado [8415090-3]; granting motion to withdraw as counsel filed by Mr. Gregory Don Sherwood, Esq. [8352215-2] [16-41156]

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Case: 16-41156 Document: 00514033774 Page: 1 Date Filed: 06/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41156 Summary Calendar United States Court of Appeals Fifth Circuit FILED 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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