United States v. Heriberto Rubio-Garcia

Opinion

Case: 17-20204 Document: 00514567280 Page: 1 Date Filed: 07/23/2018

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

No. 17-20204 FILED Conference Calendar July 23, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HERIBERTO RUBIO-GARCIA,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-630-2

Before KING, ELROD and WILLETT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Heriberto Rubio-Garcia 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). Rubio-Garcia has not filed a response. The issue of timeliness of Rubio-Garcia’s notice of appeal does not present a jurisdictional impediment to our consideration of the case, and we

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20204 Document: 00514567280 Page: 2 Date Filed: 07/23/2018

No. 17-20204

pretermit the issue. See United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007). We have 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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.