Case: 16-41709 Document: 00514386909 Page: 1 Date Filed: 03/14/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 16-41709 Fifth Circuit FILED Summary Calendar March 14, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff–Appellee, v. RUBEN GONZALES, Defendant–Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-118-1

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Ruben Gonzales 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).

Gonzales has filed a response. Gonzales’s request for appointment of new counsel is denied as untimely. See United States v. Wagner, 158 F.3d 901, 902- (5th Cir. 1998).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41709 Document: 00514386909 Page: 2 Date Filed: 03/14/2018

No. 16-41709 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Gonzales’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.