USA v. Frausto, No. 22-50201 (5th Cir. 2023)

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Case: 22-50201 Document: 00516641011 Page: 1 Date Filed: 02/09/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50201 Summary Calendar ____________ FILED February 9, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Johnny Frausto, Jr., Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:21-CR-1079-1 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * The attorney appointed to represent Johnny Frausto, Jr., 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). Frausto has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50201 Document: 00516641011 Page: 2 Date Filed: 02/09/2023 No. 22-50201 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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