United States v. Simon

Opinion

Case: 23-30698 Document: 63-1 Page: 1 Date Filed: 11/05/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-30698 Summary Calendar FILED ____________ November 5, 2024 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Sidney Simon,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:22-CR-41-1 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam: * The attorney appointed to represent Sidney Simon has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Simon has not filed a response. We have reviewed counsel’s briefs and the relevant portions of the record reflected therein.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-30698 Document: 63-1 Page: 2 Date Filed: 11/05/2024

No. 23-30698

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 Simon 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.