Case: 14-40867 Document: 00513044830 Page: 1 Date Filed: 05/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-40867 FILED
Summary Calendar May 15, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
FELIX GARCIA-ESPINOZA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-5-1
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Felix Garcia-
Espinoza 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). Garcia-Espinoza has not filed a response.
Garcia-Espinoza voluntarily dismissed his prior appeal, which places
him the position of someone who has never filed an appeal. See Colbert v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40867 Document: 00513044830 Page: 2 Date Filed: 05/15/2015
No. 14-40867
Brennan, 752 F.3d 412, 416 (5th Cir. 2014). His most recent notice of appeal
is untimely, but that is no jurisdictional bar in this criminal appeal. See United
States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007). We therefore have
jurisdiction to consider the merits of the appeal.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein. 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.
2