United States v. Gomez

Opinion

Case: 20-10634 Document: 00515881822 Page: 1 Date Filed: 06/01/2021

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

FILED June 1, 2021 No. 20-10634 Conference Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Miguel Antonio Gomez,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-325-1

Before Jones, Clement, and Haynes, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Miguel Antonio Gomez 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). Gomez has not filed a response. We have

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-10634 Document: 00515881822 Page: 2 Date Filed: 06/01/2021

No. 20-10634

reviewed counsel’s brief and the relevant portions of the record reflected therein. 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, and counsel is excused from further responsibilities herein. The appeal is DISMISSED in part as frivolous, see 5th Cir. R. 42.2, and in part as moot based on Gomez’s completion of his sentence, see Spencer v. Kemna, 523 U.S. 1, 7 (1998).