UNITED STATES v. RUBIO GARCIA (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Heriberto RUBIO-GARCIA, Defendant-Appellant

No. 17-20204

Decided: July 23, 2018

Before KING, ELROD and WILLETT, Circuit Judges. Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee Heriberto Rubio-Garcia, Pro Se

The attorney appointed to represent Heriberto Rubio-Garcia 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). Rubio-Garcia has not filed a response.

The issue of timeliness of Rubio-Garcia’s notice of appeal does not present a jurisdictional impediment to our consideration of the case, and we pretermit the issue. See United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007). 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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.