United States v. Monthgomery Mayorga-Castillo

Case: 17-40029 Document: 00514178542 Page: 1 Date Filed: 10/02/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 17-40029 Fifth Circuit FILED Summary Calendar October 2, 2017 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff-Appellee v. MONTHGOMERY SALVADOR MAYORGA-CASTILLO, also known as Salvador Lubian Castillo-Garcia, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-609-1 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Monthgomery Salvador Mayorga-Castillo 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). Mayorga-Castillo has been informed of the motion and has not filed a response. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40029 Document: 00514178542 Page: 2 Date Filed: 10/02/2017 No. 17-40029 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, and determine that “counsel has diligently investigated the possible grounds for appeal.” Anders, 386 U.S. at 742. We agree with counsel’s assessment that Mayorga-Castillo can raise no nonfrivolous issue on appeal challenging either his guilty plea or his sentence. 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