Case: 22-20628 Document: 00516868708 Page: 1 Date Filed: 08/23/2023

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

No. 22-20628 FILED August 23, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus David Penaloza-Nieto, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-224-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam:* The Federal Public Defender appointed to represent David Penaloza- Nieto 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).

Penaloza-Nieto has not filed a response.

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

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-20628 Document: 00516868708 Page: 2 Date Filed: 08/23/2023

No. 22-20628

We concur with counsel’s assessment that the appeal presents no non- frivolous 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.