USA v. Olman Avila-Ortega, No. 19-41046 (5th Cir. 2020)
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Case: 19-41046 Document: 00515670268 Page: 1 Date Filed: 12/11/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 11, 2020 No. 19-41046 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Olman Neptaly Avila-Ortega, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-1738-1 Before Dennis, Costa, and Engelhardt, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Olman Neptaly Avila-Ortega 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). Avila-Ortega has filed a response, and * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-41046 Document: 00515670268 Page: 2 Date Filed: 12/11/2020 No. 19-41046 he moves for the appointment of substitute appellate counsel. That motion is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Avila-Ortega’s response. 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
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