United States v. Avelar

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40672
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE ALEXANDER AVELAR, also known as Jose Avelar,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:19-CR-244-1

Before HAYNES, DUNCAN, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

The Federal Public Defender appointed to represent Jose Alexander
Avelar 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). Avelar has filed a response and has moved for the
appointment of new counsel. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Avelar’s response.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 4, 2020

Lyle W. Cayce
Clerk
Case: 19-40672 Document: 00515296955 Page: 1 Date Filed: 02/04/2020

No. 19-40672
2
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 5
TH CIR. R. 42.2. Avelar’s motion for the
appointment of new counsel is DENIED.
Case: 19-40672 Document: 00515296955 Page: 2 Date Filed: 02/04/2020