United States v. Sustaita-Lara

Case: 22-40762 Document: 00516807318 Page: 1 Date Filed: 07/03/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-40762 July 3, 2023 Summary Calendar ____________ Lyle W. Cayce Clerkn United States of America,

Plaintiff—Appellee, versus

Jose Sustaita-Lara,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CR-224-1 ______________________________

Before Smith, Elrod, and Southwick, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Jose Sustaita- Lara has moved to withdraw 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). Sustaita-Lara has not filed a response.

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

Case: 22-40762 Document: 00516807318 Page: 2 Date Filed: 07/03/2023

No. 22-40762

We concur with counsel’s assessment that the appeal presents no nonfrivo- lous 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.