Case: 22-40494 Document: 00516737809 Page: 1 Date Filed: 05/04/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 4, 2023 No. 22-40494 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Ivan Dejesus Suastes Cruz, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:21-CR-58-4 ______________________________ Before King, Higginson, and Willett, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Ivan Dejesus Suastes Cruz 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). Suastes Cruz has filed a response. We have reviewed counsel’s brief and the relevant portions of the record _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-40494 Document: 00516737809 Page: 2 Date Filed: 05/04/2023

No. 22-40494

reflected therein, as well as Suastes Cruz’s response. 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. Suastes Cruz’s motion for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).