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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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