Case: 20-40567 Document: 00515911338 Page: 1 Date Filed: 06/23/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 23, 2021
No. 20-40567
Lyle W. Cayce
Conference Calendar
Clerk
United States of America,
Plaintiff—Appellee,
versus
Pascual Espinoza-Naranjo,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:20-CR-977-1
Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Pascual
Espinoza-Naranjo 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). Espinoza-Naranjo has 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opinion should not be published and is not precedent except under the limited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: 20-40567 Document: 00515911338 Page: 2 Date Filed: 06/23/2021
No. 20-40567
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Espinoza-Naranjo’s response. It is dispositive
that the Government has declined to waive the untimeliness of the appeal.
See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016).
Therefore, 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
United States v. Espinoza-Naranjo
Combined Opinion