United States v. Puerto-Zapatas

Opinion

Case: 23-50766 Document: 51-1 Page: 1 Date Filed: 08/06/2024

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

FILED No. 23-50766 August 6, 2024 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Luis Roberto Puerto-Zapatas,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:22-CR-2376-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam:* The attorney appointed to represent Luis Roberto Puerto-Zapatas 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). Puerto-Zapatas has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. As

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50766 Document: 51-1 Page: 2 Date Filed: 08/06/2024

No. 23-50766

a threshold matter, we note that despite counsel’s representation to the contrary, the notice of appeal was filed one day late. However, as this is not a jurisdictional impediment to our review, see United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007), we pretermit the issue of timeliness. 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.