USA v. Carlos Delgado

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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