UNITED STATES v. MONTOYA AVILA (2019)

The attorney appointed to represent Javier Ivan Montoya-Avila 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). Montoya-Avila has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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, and counsel is excused from further responsibilities herein. The APPEAL IS DISMISSED in part as frivolous, see 5th Cir. R. 42.2, and in part as moot based on Montoya-Avila’s completion of the prison term imposed and the absence of a term of supervised release, see United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.