United States v. Victor Montelongo

Case: 20-40144 Document: 00515959983 Page: 1 Date Filed: 07/30/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 30, 2021 No. 20-40144 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Victor Montelongo, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 1:18-CR-813-1 Before Higginbotham, Higginson, and Duncan, Circuit Judges. Per Curiam:* The attorney retained to represent Victor Montelongo 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). Montelongo has not filed a response. We have reviewed counsel’s brief and * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-40144 Document: 00515959983 Page: 2 Date Filed: 07/30/2021 No. 20-40144 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