United States v. Rodriguez-Guzman

Court of Appeals for the Fifth Circuit·Decided May 12, 2026·No. 25-40680·Unpublished

Opinion

Case: 25-40680 Document: 43-1 Page: 1 Date Filed: 05/12/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40680 Summary Calendar FILED ____________ May 12, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Jose Alberto Rodriguez-Guzman,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:25-CR-308-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * The Federal Public Defender appointed to represent Jose Alberto Rodriguez-Guzman 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). Rodriguez-Guzman has not filed a response, but he did execute a written declaration that he wished to appeal

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-40680 Document: 43-1 Page: 2 Date Filed: 05/12/2026

No. 25-40680

his sentence only. See United States v. Garcia, 483 F.3d 289, 290-91 (5th Cir. 2007). However, any potential challenge to his sentence would be moot because he has been released from custody and has no term of supervised release. See Spencer v. Kemna, 523 U.S. 1, 7 (1998). Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED.

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Related

United States v. Garcia
483 F.3d 289 (Fifth Circuit, 2007)
Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Spencer v. Kemna
523 U.S. 1 (Supreme Court, 1998)
United States v. Flores
632 F.3d 229 (Fifth Circuit, 2011)