Case: 23-40177 Document: 00517039388 Page: 1 Date Filed: 01/22/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-40177 January 22, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Kelvin Montgomery, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 6:22-CR-5-1 ______________________________ Before Willett, Duncan, and Ramirez, Circuit Judges.

Per Curiam: * The attorney appointed to represent Kelvin Montgomery 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). Montgomery has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-40177 Document: 00517039388 Page: 2 Date Filed: 01/22/2024

No. 23-40177

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.