Case: 17-50843 Document: 00514490376 Page: 1 Date Filed: 05/29/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-50843 May 29, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GABRIEL RODRIGUEZ, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:16-CR-2199-3

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Gabriel Rodriguez 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).

Rodriguez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rodriguez’s response. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50843 Document: 00514490376 Page: 2 Date Filed: 05/29/2018

No. 17-50843 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. Rodriguez’s motion for the appointment of substitute counsel is untimely and is therefore DENIED.