United States v. Brooks

Opinion

Case: 24-30735 Document: 48-1 Page: 1 Date Filed: 06/23/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-30735 Summary Calendar FILED ____________ June 23, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Kerry Brooks,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:20-CR-84-3 ______________________________

Before Haynes, Higginson, and Douglas, Circuit Judges. Per Curiam: * The attorney appointed to represent Kerry Brooks 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). Brooks 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: 24-30735 Document: 48-1 Page: 2 Date Filed: 06/23/2025

No. 24-30735

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 Brooks 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.