U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Arnoldo Morales

United States v. Arnoldo Morales
U.S. Court of Appeals for the Fifth Circuit · Decided August 22, 2017 · King, Elrod, Higginson
697 F. App'x 264

United States v. Arnoldo Morales

Opinion

PER CURIAM: *

The attorney appointed to represent Ar-noldo Morales has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 *265 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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