United States v. Juan Cruz

Case: 18-51038 Document: 00515026595 Page: 1 Date Filed: 07/09/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-51038 FILED Conference Calendar July 9, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANGEL CRUZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:17-CR-360-3 Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Juan Angel Cruz 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). Cruz has filed a response wherein he seeks the appointment of new counsel on appeal. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cruz’s response. We concur with counsel’s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-51038 Document: 00515026595 Page: 2 Date Filed: 07/09/2019 No. 18-51038 assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Cruz’s motion for the appointment of new counsel is DENIED, 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