United States v. Gutierrez

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 14, 2022
• Docket: 21-51244
• Status: Unpublished

Opinion

Case: 21-51244 Document: 00516393669 Page: 1 Date Filed: 07/14/2022

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

FILED July 14, 2022 No. 21-51244 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Johnny Joe Gutierrez,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:20-CR-16-1

Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* The attorney appointed to represent Johnny Joe Gutierrez 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). Gutierrez has not filed a response. We have reviewed counsel’s

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-51244 Document: 00516393669 Page: 2 Date Filed: 07/14/2022

No. 21-51244

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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.