Case: 21-40290 Document: 00516194938 Page: 1 Date Filed: 02/08/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 8, 2022 No. 21-40290 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus James Anthony Marzioli, Defendant—Appellant.

Appeal from the United States District Court for the Eastern District of Texas No. 4:19-CR-309-4

Before Smith, Stewart, and Graves, Circuit Judges.

Per Curiam:* The attorney appointed to represent James Marzioli moves to with- draw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Marzioli has not filed a response.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 21-40290 Document: 00516194938 Page: 2 Date Filed: 02/08/2022

No. 21-40290

We have reviewed counsel’s brief and relevant portions of the record.

We concur with counsel’s assessment that the appeal presents no non- frivolous issue for appellate review. Accordingly, the motion to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2.