United States v. Nunez

Opinion

Case: 23-40285 Document: 00516933592 Page: 1 Date Filed: 10/17/2023

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

____________ FILED October 17, 2023 No. 23-40285 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Tonatiuh Nunez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:22-CR-1013-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Tonatiuh Nunez 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). Nunez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40285 Document: 00516933592 Page: 2 Date Filed: 10/17/2023

No. 23-40285

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.