United States v. Arguelles-Quintero

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 16, 2023
• Docket: 22-50386
• Status: Unpublished

Opinion

Case: 22-50386 Document: 00516678971 Page: 1 Date Filed: 03/16/2023

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

No. 22-50386 FILED March 16, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Jose Luis Arguelles-Quintero,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-1073-1 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Jose Luis Arguelles-Quintero 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). Arguelles-Quintero has filed a letter in response requesting the appointment of new counsel. We have reviewed

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50386 Document: 00516678971 Page: 2 Date Filed: 03/16/2023

No. 22-50386

counsel’s brief and the relevant portions of the record reflected therein, as well as Arguelles-Quintero’s response. 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. Arguelles-Quintero’s motion for the appointment of new counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).