UNITED STATES v. URIAS CRUZ (2019)

The Federal Public Defender (“FPD”) appointed to represent Luis Urias-Cruz has moved for leave to withdraw and has filed a brief per 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). Urias-Cruz has not filed a response. We have reviewed counsel’s brief and the relevant parts of the records.

These consolidated appeals involve the revocation of a term of supervised release and a new conviction for possession of marihuana with intent to distribute. In accordance with United States v. Garcia, 483 F.3d 289, 291 (5th Cir. 2007), the Anders brief states that Urias-Cruz wishes to appeal his revocation sentence only and not the revocation of supervised release. Although the FPD has included a copy of a document signed by Urias-Cruz, that document does not make clear what it is that Urias-Cruz intends to appeal.

Nevertheless, based on our independent review of the transcripts and the rest of the record, we conclude that no nonfrivolous issue for our review is presented by either of the consolidated appeals. See Anders, 386 U.S. at 744, 87 S.Ct. 1396. Consequently, because we concur with the FPD’s assessment that neither appeal presents a nonfrivolous issue, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeals are DISMISSED. See 5th Cir. R. 42.2.

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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.