United States v. Matute-Carcamo

Case: 22-20453 Document: 00516799542 Page: 1 Date Filed: 06/26/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-20453

FILED June 26, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Dennis Matute-Carcamo,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-494-2 ______________________________

Before Jones, Duncan, and Wilson, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Dennis Matute-Carcamo 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). Matute-Carcamo has filed a response and a motion requesting the appointment of new counsel. The record is not sufficiently Case: 22-20453 Document: 00516799542 Page: 2 Date Filed: 06/26/2023

No. 22-20453 developed to allow us to make a fair evaluation of Matute-Carcamo’s claims of ineffective assistance of counsel; 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). His motion for appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Matute-Carcamo’s response. 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.