Case: 15-41665 Document: 00513756892 Page: 1 Date Filed: 11/11/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-41665 FILED
Summary Calendar
November 11, 2016
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
NELSON FERNANDO DIAZ-MONTOYA,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-1077-1
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Nelson Diaz-
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-41665 Document: 00513756892 Page: 2 Date Filed: 11/11/2016
No. 15-41665
Montoya 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). Diaz-Montoya has not filed a response. We have
reviewed counsel’s brief and relevant portions of the record. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for appel-
late review. Accordingly, the 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