USA v. Arturo Gonzalez-Perez


UNPUBLISHED OPINION FILED. [16-41189 Dismissed as Frivolous] Judge: WED , Judge: EBC , Judge: GJC Mandate issue date is 12/26/2017 for Appellant Arturo Gonzalez-Perez; denying as untimely motion to appoint counsel filed by Appellant Mr. Arturo Gonzalez-Perez [8570528-2]; denying as untimely motion to relieve attorney filed by Appellant Mr. Arturo Gonzalez-Perez [8570528-3]; granting motion to withdraw as counsel filed by Mr. Jaime M. Diez [8454637-2] [16-41189]

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Case: 16-41189 Document: 00514256554 Page: 1 Date Filed: 12/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41189 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 1, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARTURO GONZALEZ-PEREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-84-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Arturo Gonzalez-Perez has moved for leave to withdraw and has filed a brief and a supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Gonzalez-Perez has filed a response. The motion for appointment of substitute counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41189 Document: 00514256554 Page: 2 Date Filed: 12/01/2017 No. 16-41189 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Gonzalez-Perez’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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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