USA v. Apolinar Cruz-Desantiago, No. 15-41657 (5th Cir. 2016)

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Case: 15-41657 Document: 00513789651 Page: 1 Date Filed: 12/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-41657 Summary Calendar FILED December 8, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. APOLINAR CRUZ-DESANTIAGO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-697-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Apolinar CruzDesantiago has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). In response, Cruz-Desantiago has moved for an extension of time and the appointment of new counsel. Cruz-Desantiago’s pro se motions are DENIED as untimely. See United States v. Wagner, 158 F.3d 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 15-41657 Document: 00513789651 Page: 2 Date Filed: 12/08/2016 No. 15-41657 901, 902–03 (5th Cir. 1998); United States v. Sierra, 186 F. App’x 461, 462 (5th Cir. 2006). We have reviewed counsel’s briefs 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. 2