USA v. Jose Padilla-Escutia

Filing

UNPUBLISHED OPINION FILED. [14-40836 Dismissed as Frivolous] Judge: TMR , Judge: JES , Judge: JEG. Mandate pull date is 05/12/2015 for Appellant Jose Juan Padilla-Escutia; denying motion to appoint counsel filed by Appellant Mr. Jose Juan Padilla-Escutia [7794381-3]; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [7762304-2] [14-40836]

Case: 14-40836

Document: 00513013148

Page: 1

Date Filed: 04/21/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40836
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
April 21, 2015

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JOSE JUAN PADILLA-ESCUTIA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:14-CR-230-1
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Juan PadillaEscutia 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). Padilla-Escutia has filed a response seeking the
appointment of new counsel.

We have reviewed counsel’s brief and the

relevant portions of the record reflected therein, as well as Padilla-Escutia’s

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 14-40836

Document: 00513013148

Page: 2

Date Filed: 04/21/2015

No. 14-40836
response. 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. PadillaEscutia’s request for the appointment of substitute counsel is DENIED. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

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