USA v. Arguelles-Quintero, No. 22-50386 (5th Cir. 2023)

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Case: 22-50386 Document: 00516678971 Page: 1 Date Filed: 03/16/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-50386 Summary Calendar ____________ March 16, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Luis Arguelles-Quintero, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-1073-1 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Jose Luis Arguelles-Quintero 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). Arguelles-Quintero has filed a letter in response requesting the appointment of new counsel. We have reviewed _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50386 Document: 00516678971 Page: 2 Date Filed: 03/16/2023 No. 22-50386 counsel’s brief and the relevant portions of the record reflected therein, as well as Arguelles-Quintero’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. Arguelles-Quintero’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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