United States v. Hernandez-Lopez

Case: 24-51005 Document: 75-1 Page: 1 Date Filed: 01/20/2026

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

No. 24-51005 FILED January 20, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Marvin Josue Hernandez-Lopez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:23-CR-452-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * The Federal Public Defender appointed to represent Marvin Josue Hernandez-Lopez 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). Hernandez-Lopez has not filed a

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

Case: 24-51005 Document: 75-1 Page: 2 Date Filed: 01/20/2026

No. 24-51005 response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.

It is dispositive that the Government has declined to waive the untimeliness of the appeal. See United States v. Pesina–Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). Accordingly, without prejudice to a future 28 U.S.C. § 2255 motion that Hernandez-Lopez may file, 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.