United States v. Mascarenas-Jaramillo

Opinion

Case: 22-40712 Document: 00516649704 Page: 1 Date Filed: 02/17/2023

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

FILED No. 22-40712 February 17, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Luis Mascarenas-Jaramillo,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:18-CR-1422-4 ______________________________

Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Luis Mascarenas-Jaramillo 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). Mascarenas-Jaramillo has filed a timely response including a request for an extension of time to file a further response and an untimely

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40712 Document: 00516649704 Page: 2 Date Filed: 02/17/2023

No. 22-40712

response raising only issues beyond the scope of the remand in this case. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mascarenas-Jaramillo’s timely response. Mascarenas-Jaramillo’s request for an extension of time to file an additional response is DENIED. 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.