USA v. Tapia-Zaragoza, No. 23-10432 (5th Cir. 2023)
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Case: 23-10432 Document: 00517009448 Page: 1 Date Filed: 12/20/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10432 Summary Calendar ____________ FILED December 20, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Lucas Tapia-Zaragoza, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-315-1 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges. Per Curiam: * The attorney appointed to represent Lucas Tapia-Zaragoza 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). Tapia-Zaragoza has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10432 Document: 00517009448 Page: 2 Date Filed: 12/20/2023 No. 23-10432 well as Tapia-Zaragoza’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. To the extent that Tapia- Zaragoza’s response can be construed as requesting the appointment of new counsel, the request is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2
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