USA v. Tut-Cucul, No. 23-50089 (5th Cir. 2023)

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Case: 23-50089 Document: 00516996946 Page: 1 Date Filed: 12/11/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50089 Summary Calendar ____________ December 11, 2023 FILED Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Marvin Alexander Tut-Cucul, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-671-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges. Per Curiam: * The attorney appointed to represent Marvin Alexander Tut-Cucul has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Tut-Cucul has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50089 Document: 00516996946 Page: 2 Date Filed: 12/11/2023 No. 23-50089 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. 2

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