Case: 20-40566 Document: 00515922839 Page: 1 Date Filed: 07/01/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 1, 2021
No. 20-40566 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-206-1
Before Higginbotham, Costa, and Engelhardt, 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 not filed a
*
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opinion should not be published and is not precedent except under the limited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: 20-40566 Document: 00515922839 Page: 2 Date Filed: 07/01/2021
No. 20-40566
response. We have reviewed counsel’s brief and the relevant portions of the
record reflected therein. 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