United States v. Roger

Case: 23-10816 Document: 45-1 Page: 1 Date Filed: 03/15/2024

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

FILED March 15, 2024 No. 23-10816

Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Robert Nathan Roger,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:22-CR-23-1 ______________________________

Before King, Haynes, and Graves, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Robert Nathan Roger 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). Roger has filed two responses. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Roger’s Case: 23-10816 Document: 45-1 Page: 2 Date Filed: 03/15/2024

No. 23-10816 responses. 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. Roger’s motion for the appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998).