United States v. Rios-Espinoza

Case: 20-40841 Document: 00515955387 Page: 1 Date Filed: 07/28/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 28, 2021 No. 20-40841 Lyle W. Cayce Conference Calendar Clerk United States of America, Plaintiff—Appellee, versus Eliud Misael Rios-Espinoza, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:20-CR-992-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Eliud Misael Rios-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). Rios-Espinoza has not filed a response. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40841 Document: 00515955387 Page: 2 Date Filed: 07/28/2021 No. 20-40841 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