United States v. Montemayor

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 8, 2022
• Docket: 21-50802
• Status: Unpublished

Opinion

Case: 21-50802 Document: 00516349347 Page: 1 Date Filed: 06/08/2022

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

FILED No. 21-50802 June 8, 2022 ___________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Alberto Ricardo Montemayor, Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:14-CR-598-2 ______________________________

Before Jones, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Alberto Ricardo Montemayor 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). Montemayor has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Montemayor’s response. We concur with counsel’s assessment that

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-50802 Document: 00516349347 Page: 2 Date Filed: 06/08/2022

No. 20-61172

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.