United States v. Black

Case: 25-10458 Document: 49-1 Page: 1 Date Filed: 09/04/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-10458 September 4, 2025 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Emilio Marco Black,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-279-1 ______________________________

Before Elrod, Chief Judge, and Smith and Stewart, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Emilio Marco Black has moved for leave to withdraw as counsel and 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). Black filed a response asserting that, during the presentencing hearing, he was “provided ineffective assistance of counsel.”

Case: 25-10458 Document: 49-1 Page: 2 Date Filed: 09/04/2025

No. 25-10458

He further contends that, in June 2025, he was informed via letter from his court appointed counsel that an Anders brief had been filed “without consideration of [his] assessment of the case” or his allegations of ineffective assistance of counsel. Still, Black seeks “dismissal” of this appeal.

Black’s Motion for Dismissal is GRANTED, the Motion to Withdraw as Counsel is DENIED as moot, and the appeal is DISMISSED. Fed. R. App. P. 42(b); 5th Cir. R. 42.1.