United States v. Maria Ulloa

Opinion

Case: 17-10976 Document: 00514530764 Page: 1 Date Filed: 06/27/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals

No. 17-10976 Fifth Circuit

FILED Summary Calendar June 27, 2018 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff-Appellee

v.

MARIA DEL-CONSUELO ULLOA, also known as Shelley,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-282-2

Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Maria Del-Consuelo Ulloa 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). Del-Consuelo Ulloa has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10976 Document: 00514530764 Page: 2 Date Filed: 06/27/2018

No. 17-10976

We question whether counsel’s certification that the Government will enforce the appellate waiver is sufficiently specific to the waiver in this case. See United States v. Davis, 530 F.3d 318, 320 (5th Cir. 2008). However, we need not reach that issue because it is not jurisdictional and because counsel examines all potential appellate claims, even those covered by the waiver, in the brief. See United States v. Story, 439 F.3d 226, 230-31 (5th Cir. 2006). 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.