United States v. Leatherwood

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 11, 2022
• Docket: 21-50462
• Status: Unpublished

Opinion

Case: 21-50462 Document: 00516161672 Page: 1 Date Filed: 01/11/2022

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

FILED January 11, 2022 No. 21-50462 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Angelina Leatherwood,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:20-CR-115-1

Before King, Costa, and Ho, Circuit Judges. Per Curiam:* The attorney appointed to represent Angelina Leatherwood 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). Leatherwood has not filed a response. We have reviewed

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-50462 Document: 00516161672 Page: 2 Date Filed: 01/11/2022

No. 21-50462

counsel’s brief and the relevant portions of the record reflected therein. It is dispositive that the Government has declined to waive the untimeliness of Leatherwood’s appeal. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). Thus, we concur with counsel’s assessment that the appeal presents no nonfrivolous issues 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.