United States v. Fernandez

Case: 22-11166 Document: 00516770262 Page: 1 Date Filed: 05/31/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-11166

Summary Calendar FILED ____________ May 31, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Octavio Fernandez, Jr.,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-359-1 ______________________________

Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam: *

The Federal Public Defender appointed to represent Octavio Fernandez, 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). Fernandez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record Case: 22-11166 Document: 00516770262 Page: 2 Date Filed: 05/31/2023

No. 22-11166 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.