United States v. Niavez

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 14, 2024
• Docket: 23-50598
• Status: Unpublished

Opinion

Case: 23-50598 Document: 00517064227 Page: 1 Date Filed: 02/14/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50598 Summary Calendar FILED ____________ February 14, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Oscar Rene Niavez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:21-CR-924-2 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * The attorney appointed to represent Oscar Rene Niavez 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). Niavez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50598 Document: 00517064227 Page: 2 Date Filed: 02/14/2024

No. 23-50598

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.