Case: 18-50203 Document: 00514838850 Page: 1 Date Filed: 02/18/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 18-50203 Fifth Circuit FILED Conference Calendar February 18, 2019 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee v. NOE NIETO, SR., Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 6:17-CR-214-1

Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM: * The attorney appointed to represent Noe Nieto, Sr., 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).

Nieto has not filed a 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 nonfrivolous issue for appellate review.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50203 Document: 00514838850 Page: 2 Date Filed: 02/18/2019

No. 18-50203 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.