United States v. Saenz-Lara

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 3, 2022
• Docket: 21-11089
• Status: Unpublished

Opinion

Case: 21-11089 Document: 00516343274 Page: 1 Date Filed: 06/03/2022

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

FILED June 3, 2022 No. 21-11089 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Cesar Enrique Saenz-Lara,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 2:20-CR-100-1

Before Smith, Stewart, and Graves, Circuit Judges. Per Curiam:* The Federal Public Defender appointed to represent Cesar Enrique Saenz-Lara 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). Saenz-Lara has not filed a response.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-11089 Document: 00516343274 Page: 2 Date Filed: 06/03/2022

No. 21-11089

We have reviewed counsel’s brief and the relevant portions of the record reflected therein. It is dispositive that the Government has declined to waive the untimeliness of Saenz-Lara’s appeal. See United States v. Pesina- Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). 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.