UNITED STATES v. GARCIA CRUZ (2021)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Roslandy GARCIA-CRUZ, Defendant-Appellant.

No. 19-40624

Decided: February 23, 2021

Before Smith, Stewart, and Higginson, Circuit Judges. Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee Roslandy Garcia-Cruz, Pro Se

The Federal Public Defender appointed to represent Roslandy Garcia-Cruz has moved to withdraw, has filed briefs 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), and has submitted letters under Federal Rule of Appellate Procedure 28(j). Garcia-Cruz has not filed a response. We have reviewed counsel's briefs, the Rule 28(j) letters, and 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.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.