United States v. Sanchez

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 30, 2022
• Docket: 19-40479
• Status: Unpublished

Opinion

Case: 19-40479 Document: 00516260767 Page: 1 Date Filed: 03/30/2022

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

FILED March 30, 2022 No. 19-40479 Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Brandon Sanchez,

Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:18-CR-1122-1

Before Southwick, Oldham, and Wilson, Circuit Judges. Per Curiam:* Brandon Sanchez pleaded guilty to a drug crime. He timely filed a notice of appeal. His attorney later moved to withdraw under Anders v. California, 386 U.S. 738 (1967). See also United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Sanchez filed a pro se response objecting to his attorney’s

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 19-40479 Document: 00516260767 Page: 2 Date Filed: 03/30/2022

No. 19-40479

motion to withdraw. We agree with defense counsel that there is no nonfrivolous basis for the appeal. We briefly address one question implicated in the briefing: whether the district court erred by including in the written judgment supervised- release conditions from the presentence report’s appendix and the district court’s standing orders, which contain a list of standard conditions. The answer is no. See United States v. Martinez, 15 F.4th 1179, 1180–81 (5th Cir. 2021); United States v. Aguilar-Cerda, ___ F.4th ___, No. 20-10866, 2022 WL 712810, at *1 (5th Cir. Mar. 10, 2022). Accordingly, counsel’s motion for leave to withdraw is GRANTED, Sanchez’s motion for appointment of counsel is DENIED, and the appeal is DISMISSED. See 5th Cir. R. 42.2.