United States v. Li Xin

Case: 20-40674 Document: 00515858117 Page: 1 Date Filed: 05/11/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED May 11, 2021 No. 20-40674 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Li Xin, Defendant—Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:19-CR-243-2 Before King, Southwick, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Li Xin 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). Xin has not filed a response, but she has moved for appointment of substitute * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-40674 Document: 00515858117 Page: 2 Date Filed: 05/11/2021 No. 20-40674 counsel. 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. Xin’s motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2