United States v. Duran

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 30, 2024
• Docket: 24-10075
• Status: Unpublished

Opinion

Case: 24-10075 Document: 48-1 Page: 1 Date Filed: 07/30/2024

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

FILED No. 24-10075 July 30, 2024 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Juan Aguilera Duran,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-230-1 ______________________________

Before Higginbotham, Jones, and Oldham, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Juan Aguilera Duran 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). Aguilera Duran has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-10075 Document: 48-1 Page: 2 Date Filed: 07/30/2024

No. 24-10075

therein, as well as Aguilera Duran’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. Aguilera Duran’s request for appointment of substitute counsel is DENIED as untimely because it was filed after counsel filed an Anders brief. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).