United States v. Molina-Mendoza

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 9, 2023
• Docket: 22-40732
• Status: Unpublished

Opinion

Case: 22-40732 Document: 00516781850 Page: 1 Date Filed: 06/09/2023

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

FILED No. 22-40732 June 9, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Walter Yovany Molina-Mendoza,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:22-CR-756-1 ______________________________

Before King, Higginson, and Willett, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Walter Yovany Molina-Mendoza 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). Molina-Mendoza has not filed a response. We have reviewed counsel’s brief and the relevant portions of the

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-40732 Document: 00516781850 Page: 2 Date Filed: 06/09/2023

No. 22-40732

record reflected therein. Because the issue of whether the district court plainly erred in awarding Molina-Mendoza three criminal history points for his deadly weapon conviction is nonfrivolous, counsel’s motion for leave to withdraw is DENIED and counsel is directed to file a brief on the merits addressing this issue and any other nonfrivolous issues that counsel deems appropriate.