United States v. Santana Joseph

Opinion

Case: 24-50865 Document: 39-1 Page: 1 Date Filed: 06/02/2025

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

____________ FILED June 2, 2025 No. 24-50865 Lyle W. Cayce Summary Calendar Clerk ____________

United States of America,

Plaintiff—Appellee,

versus

Julio Amado Santana Joseph,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:22-CR-2956-1 ______________________________

Before King, Southwick, and Engelhardt, Circuit Judges. Per Curiam:* The attorney appointed to represent Julio Amado Santana Joseph 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). Santana Joseph has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-50865 Document: 39-1 Page: 2 Date Filed: 06/02/2025

No. 24-50865

It is dispositive that the Government has declined to waive the untimeliness of the appeal. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). Accordingly, without prejudice to a future 28 U.S.C. § 2255 motion that Santana Joseph may file, 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.