Case: 16-40604 Document: 00514071437 Page: 1 Date Filed: 07/13/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-40604 FILED Summary Calendar July 13, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE HUMBERTO CAPETILLO, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-1767-1

Before KING, DENNIS, and COSTA, Circuit Judges.

PER CURIAM: * The Federal Public Defender appointed to represent Jose Humberto Capetillo 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). Capetillo has not filed a timely response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40604 Document: 00514071437 Page: 2 Date Filed: 07/13/2017

No. 16-40604 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.