United States v. Tapia-Zaragoza

Case: 23-10432 Document: 00517009448 Page: 1 Date Filed: 12/20/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-10432

Summary Calendar FILED ____________ December 20, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Lucas Tapia-Zaragoza,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-315-1 ______________________________

Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam: *

The attorney appointed to represent Lucas Tapia-Zaragoza 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). Tapia-Zaragoza has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as Case: 23-10432 Document: 00517009448 Page: 2 Date Filed: 12/20/2023

No. 23-10432 well as Tapia-Zaragoza’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. To the extent that Tapia- Zaragoza’s response can be construed as requesting the appointment of new counsel, the request is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).