United States v. Nunez Penaloza

Case: 23-40203 Document: 00516917397 Page: 1 Date Filed: 10/03/2023

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

No. 23-40203

FILED October 3, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Ivan Nunez Penaloza,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:22-CR-631-2 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Ivan Nunez Penaloza 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). Nunez Penaloza has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We Case: 23-40203 Document: 00516917397 Page: 2 Date Filed: 10/03/2023

No. 23-40203 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.