Case: 24-20486 Document: 66-1 Page: 1 Date Filed: 12/08/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-20486 FILED Summary Calendar December 8, 2025 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Gustavo Garza-Avalos, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CR-26-17 ______________________________ Before King, Haynes, and Ho, Circuit Judges.

Per Curiam: * The attorney appointed to represent Gustavo Garza-Avalos 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). Garza-Avalos has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-20486 Document: 66-1 Page: 2 Date Filed: 12/08/2025

No. 24-20486

Despite counsel’s representation to the contrary, we note that the notice of appeal was untimely. However, as this is not a jurisdictional impediment to our review, see United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007), we pretermit the issue of timeliness.

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.