Case: 21-10415 Document: 00516073624 Page: 1 Date Filed: 10/28/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 28, 2021
No. 21-10415
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Mark Lucio,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:20-CR-118-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Mark Lucio 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).
Lucio has filed a response. We have reviewed counsel’s brief and the relevant
*
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opinion should not be published and is not precedent except under the limited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: 21-10415 Document: 00516073624 Page: 2 Date Filed: 10/28/2021
No. 21-10415
portions of the record reflected therein, as well as Lucio’s response. We
concur with counsel’s assessment that the appeal presents no nonfrivolous
issue for appellate review. 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. Lucio’s
pro se motion for appointment of new counsel is DENIED as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2