United States v. Ponce

Opinion

Case: 24-40187 Document: 50-1 Page: 1 Date Filed: 11/15/2024

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

No. 24-40187 FILED Summary Calendar November 15, 2024 ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Marvin Ramon Ramos Ponce,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:23-CR-18-1 ______________________________

Before King, Southwick, and Engelhardt, Circuit Judges. Per Curiam: * The attorney appointed to represent Marvin Ramon Ramos Ponce 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). Ponce has not filed a response.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-40187 Document: 50-1 Page: 2 Date Filed: 11/15/2024

No. 24-40187

The issue of the timeliness of Ponce’s notice of appeal does not present a jurisdictional impediment to our consideration of the case, and we pretermit the issue. See United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007). We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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.