Case: 21-10153 Document: 00515937088 Page: 1 Date Filed: 07/14/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-10153 July 14, 2021
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Kayode Gbologade Oyedepo,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CR-459-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Kayode
Gbologade Oyedepo 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). Oyedepo has filed a response. We
*
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opinion should not be published and is not precedent except under the limited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: 21-10153 Document: 00515937088 Page: 2 Date Filed: 07/14/2021
No. 21-10153
have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Oyedepo’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). Accordingly,
without prejudice to a future 28 U.S.C. § 2255 motion that Oyedepo may file,
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