United States v. Cahoon
United States v. Cahoon
Opinion
Case: 20-10300 Document: 00515846594 Page: 1 Date Filed: 05/03/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-10300 May 3, 2021 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Raymond Cahoon, Defendant—Appellant.
Appeal from the United States District Court for the Northern District of Texas USDC No. 7:19-CR-6-1
Before King, Southwick, and Ho, Circuit Judges.
Per Curiam:* The attorney appointed to represent Raymond Cahoon 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).
Cahoon has not filed a response. We have reviewed counsel’s brief and the
* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 20-10300 Document: 00515846594 Page: 2 Date Filed: 05/03/2021
No. 20-10300
relevant portions of the record reflected therein. It is dispositive that the Government has declined to waive the untimeliness of the appeal. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). Therefore, without prejudice to a future 28 U.S.C. § 2255 motion that Cahoon may file, 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.
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