UNITED STATES v. SOLANO CRUZ (2019)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff−Appellee, v. Anselmo SOLANO-CRUZ, Defendant−Appellant.

No. 15-41686

Decided: September 25, 2019

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee Anselmo Solano-Cruz, Pro Se

ON REMAND FROM THE UNITED STATES SUPREME COURT

On remand from the Supreme Court for further consideration in light of Sessions v. Dimaya, ––– U.S. ––––, 138 S. Ct. 1204, 1212, 200 L.Ed.2d 549 (2018), the attorney appointed to represent Anselmo Solano-Cruz moves 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). Solano-Cruz has not filed a response.

We have reviewed counsel’s brief and the relevant portions of the record. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion 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PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.