United States v. Jose Mercado-Chavez

Case: 14-40342 Document: 00512894523 Page: 1 Date Filed: 01/08/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40342 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 8, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JOSE CARLOS MERCADO-CHAVEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-386-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jose Carlos Mercado-Chavez 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). Mercado-Chavez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mercado-Chavez’s response. We concur with counsel’s assessment that the * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 14-40342 Document: 00512894523 Page: 2 Date Filed: 01/08/2015 No. 14-40342 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. Mercado-Chavez’s requests to proceed pro se and for the appointment of substitute counsel are DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2