United States v. Celerino Calderon-Corona

621 F. App'x 297

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 4, 2015
• Docket: 15-40267
• Status: Unpublished

Opinion

PER CURIAM: *

The Federal Public Defender appointed to represent Celerino Calderon-Corona 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). Calderon-Corona has not filed a response, has completed the confinement portion of his sentence, and has been removed from the United States.

We do not enforce Calderon-Corona’s appeal waiver in light of the magistrate judge’s failure to admonish him adequately of its consequences. Nevertheless, our independent review of the relevant portions of the record and counsel’s brief discloses 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 in part as frivolous, see 5th Cm. R. 42.2, and in part as moot, see United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir.2007).

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.