U.S. Court of Appeals for the Fifth Circuit, 2023

United States v. Magallan

United States v. Magallan
U.S. Court of Appeals for the Fifth Circuit · Decided January 25, 2023

United States v. Magallan

Opinion

Case: 22-10748 Document: 00516622774 Page: 1 Date Filed: 01/25/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-10748 FILED January 25, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ruben Magallan, Jr., Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 6:21-CR-64-3 ______________________________ Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam: * The attorney appointed to represent Ruben Magallan, Jr., 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). Magallan has not filed a response. Counsel has also filed a supplemental motion to withdraw. We have reviewed counsel’s brief and the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-10748 Document: 00516622774 Page: 2 Date Filed: 01/25/2023

No. 22-10748

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. Counsel’s supplemental motion to withdraw is accordingly DENIED as moot.

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