United States v. Jose Garza

Case: 19-11238 Document: 00515442996 Page: 1 Date Filed: 06/05/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 19-11238 FILED Conference Calendar June 5, 2020 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ALONSO GARZA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-232-8 Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jose Alonso Garza 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). Garza has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Garza’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-11238 Document: 00515442996 Page: 2 Date Filed: 06/05/2020 No. 19-11238 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 Garza’s statement that “having an attorney on my side may prove beneficial to my case” is an attempt to seek new counsel, Garza’s motion for the appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2