USA v. Arturo Gonzalez-Perez
Filing
UNPUBLISHED OPINION FILED.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]
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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