USA v. Jose Cruz-Guevarar, No. 18-41026 (5th Cir. 2019)

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Case: 18-41026 Document: 00515174614 Page: 1 Date Filed: 10/25/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-41026 Conference Calendar FILED October 25, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE WILFREDO CRUZ-GUEVARAR, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:17-CR-1588-1 Before OWEN, Chief Judge, and DENNIS and HO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Wilfredo CruzGuevarar 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). Cruz-Guevarar filed a motion for an extension of time to file a response and a motion for appointment of new counsel. His motion for an extension of time was granted, but Cruz-Guevarar has not filed a response. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-41026 Document: 00515174614 Page: 2 Date Filed: 10/25/2019 No. 18-41026 We have reviewed counsel’s brief 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, Cruz- Guevarar’s motion for the appointment of new counsel is DENIED, 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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