United States v. Fernando Soto

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 14, 2020
• Docket: 19-20609
• Status: Unpublished

Opinion

Case: 19-20609 Document: 00515311411 Page: 1 Date Filed: 02/14/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 19-20609 FILED February 14, 2020 Conference Calendar Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

FERNANDO SANCHEZ SOTO, also known as Fernando Soto Flores, also known as Servando Sanchez Rios, also known as Alex Vasquez, also known as Freddy Soto,

Defendant−Appellant.

Appeal from the United States District Court for the Southern District of Texas No. 4:19-CR-161-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM: *

The Federal Public Defender appointed to represent Fernando Sanchez

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 19-20609 Document: 00515311411 Page: 2 Date Filed: 02/14/2020

No. 19-20609

Soto has moved to withdraw and has filed a brief per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Soto has filed a response in which he requests to proceed pro se. Soto’s motion to proceed pro se is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902−03 (5th Cir. 1998).

We have reviewed counsel’s brief, relevant portions of the record, and Soto’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion to with- draw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5TH CIR. R. 42.2.