United States v. Bernardo Lacour

Fifth Circuit

United States v. Bernardo Lacour

560 F. App'x 280

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 25, 2014

Docket12-51267, 13-50010

StatusUnpublished

This text of 560 F. App'x 280 (United States v. Bernardo Lacour) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Bernardo Lacour, 560 F. App'x 280 (5th Cir. 2014).

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Opinion

PER CURIAM: *

Counsel appointed to represent Bernardo L. Lacour has moved for leave to withdraw and has filed a brief 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). Lacour has filed a response. The record is insufficiently developed to allow consideration at this time of Lacour’s claims of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir.2006) (internal quotation marks and citation omitted).

As to Lacour’s conviction and sentence for wire fraud in case number 12-51267, we have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lacour’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

As to Lacour’s revocation of probation in case number 13-50010, Lacour has completed his 24-month sentence. No further term of probation or supervised release was imposed upon revocation. Thus, Lac-our’s appeal of the revocation of probation and sentence is moot. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). Accordingly, as to case number 12-51267, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. As to case number 13-50010, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED as moot.

*

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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PER CURIAM: *

Counsel appointed to represent Bernardo L. Lacour has moved for leave to withdraw and has filed a brief 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). Lacour has filed a response. The record is insufficiently developed to allow consideration at this time of Lacour’s claims of ineffective assistance of counsel; such a claim generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir.2006) (internal quotation marks and citation omitted).

As to Lacour’s conviction and sentence for wire fraud in case number 12-51267, we have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Lacour’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

As to Lacour’s revocation of probation in case number 13-50010, Lacour has completed his 24-month sentence. No further term of probation or supervised release was imposed upon revocation. Thus, Lac-our’s appeal of the revocation of probation and sentence is moot. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). Accordingly, as to case number 12-51267, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. As to case number 13-50010, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED as moot.

*

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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560 F. App'x 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bernardo-lacour-ca5-2014.

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