Case: 21-20666 Document: 00516466138 Page: 1 Date Filed: 09/09/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 9, 2022 No. 21-20666 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Benicio Aguirre-Garcia, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CR-48-1

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent Benicio Aguirre- Garcia 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). Aguirre-Garcia has not filed a response. We have

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-20666 Document: 00516466138 Page: 2 Date Filed: 09/09/2022

No. 21-20666

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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.