United States v. Javier Montoya-Avila

Case: 18-20156 Document: 00514834678 Page: 1 Date Filed: 02/13/2019

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit FILED No. 18-20156 February 13, 2019 Conference Calendar

Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee v.

JAVIER IVAN MONTOYA-AVILA, also known as Victor Gomez-Martinez, also known as Victor R. Martinez-Gomez,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CR-631-1

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Javier Ivan Montoya-Avila 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). Montoya-Avila has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We Case: 18-20156 Document: 00514834678 Page: 2 Date Filed: 02/13/2019

No. 18-20156 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, and counsel is excused from further responsibilities herein. The APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot based on Montoya-Avila’s completion of the prison term imposed and the absence of a term of supervised release, see United States v. Heredia- Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).