U.S. Court of Appeals for the Fifth Circuit, 2021

United States v. Lezama-Sierra

United States v. Lezama-Sierra
U.S. Court of Appeals for the Fifth Circuit · Decided April 9, 2021

United States v. Lezama-Sierra

Opinion

Case: 19-51006 Document: 00515815875 Page: 1 Date Filed: 04/09/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 9, 2021 No. 19-51006 Lyle W. Cayce Conference Calendar Clerk

United States of America, Plaintiff—Appellee, versus Jose Manuel Lezama-Sierra, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 3:19-CR-1825-1

Before Graves, Willett, and Duncan, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Jose Manuel Lezama-Sierra 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). Lezama-Sierra has not filed a response.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 19-51006 Document: 00515815875 Page: 2 Date Filed: 04/09/2021

No. 19-51006

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. 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 Lezama- Sierra’s completion of his sentence, see Spencer v. Kemna, 523 U.S. 1, 7 (1998).

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