USA v. Julian Villegas-Hernandez, No. 18-40279 (5th Cir. 2018)

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Case: 18-40279 Document: 00514700026 Page: 1 Date Filed: 10/26/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40279 Conference Calendar FILED October 26, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JULIAN VILLEGAS-HERNANDEZ, also known as Julio GonzalezHernandez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:17-CR-256-1 Before REAVLEY, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Julian VillegasHernandez moved for leave to withdraw and 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). We construe Villegas-Hernandez’s untimely response as a motion for leave to file an out-of-time response, which is GRANTED. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40279 Document: 00514700026 Page: 2 Date Filed: 10/26/2018 No. 18-40279 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, along with Villegas-Hernandez’s response and the voluntariness of his guilty plea. Because the appeal presents no nonfrivolous issue for appellate review, 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