USA v. Sergio Ruiz-Tapia

Filing

UNPUBLISHED OPINION FILED. [16-11043 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: JEG Mandate pull date is 05/09/2017 for Appellant Sergio Aaron Ruiz-Tapia; denying motion to appoint counsel filed by Appellant Mr. Sergio Aaron Ruiz-Tapia [8387052-2]; granting motion to withdraw as counsel filed by Mrs. Carolyn A. Hill, Esq. [8367631-2] [16-11043]

Case: 16-11043

Document: 00513956021

Page: 1

Date Filed: 04/18/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11043
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
April 18, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
SERGIO AARON RUIZ-TAPIA,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-427-10
Before KING, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Sergio Aaron Ruiz-Tapia 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). Ruiz-Tapia has filed a response. His motion for the appointment
of substitute counsel is untimely. United States v. Wagner, 158 F.3d 901, 90203 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-11043

Document: 00513956021

Page: 2

Date Filed: 04/18/2017

No. 16-11043
of the record reflected therein, as well as Ruiz-Tapia’s 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, Ruiz-Tapia’s motion for appointment of substitute counsel is
DENIED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2