USA v. Veronica Prendez

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UNPUBLISHED OPINION FILED. [16-11584 Dismissed as Frivolous] Judge: JLW , Judge: JLD , Judge: LHS Mandate pull date is 10/16/2017 for Appellant Veronica Prendez; granting motion to withdraw as counsel filed by Mr. Vincent Eugene Wisely [8492801-2] [16-11584]

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Case: 16-11584 Document: 00514170018 Page: 1 Date Filed: 09/25/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11584 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 25, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VERONICA PRENDEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16-CR-118-5 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Veronica Prendez 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). Prendez was not timely in filing a response, and her motion to file an out-oftime response was denied. The motion raised no issues ripe for consideration on direct appeal. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11584 Document: 00514170018 Page: 2 Date Filed: 09/25/2017 No. 16-11584 Also, her request for the appointment of new counsel was untimely. See United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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. 2

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