USA v. Mascarenas-Jaramillo, No. 22-40712 (5th Cir. 2023)

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Case: 22-40712 Document: 00516649704 Page: 1 Date Filed: 02/17/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-40712 Summary Calendar ____________ February 17, 2023 FILED Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Luis Mascarenas-Jaramillo, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:18-CR-1422-4 ______________________________ Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Luis Mascarenas-Jaramillo 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). Mascarenas-Jaramillo has filed a timely response including a request for an extension of time to file a further response and an untimely _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40712 Document: 00516649704 Page: 2 Date Filed: 02/17/2023 No. 22-40712 response raising only issues beyond the scope of the remand in this case. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mascarenas-Jaramillo’s timely response. Mascarenas-Jaramillo’s request for an extension of time to file an additional response is DENIED. 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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