United States v. Gabaldon

Case: 19-50777 Document: 00516006671 Page: 1 Date Filed: 09/08/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 8, 2021 No. 19-50777 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Jose Luis Gabaldon, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 7:19-CR-11-5 Before King, Costa, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Jose Luis Gabaldon 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). Gabaldon has not filed a response. We have reviewed counsel’s * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-50777 Document: 00516006671 Page: 2 Date Filed: 09/08/2021 No. 19-50777 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