United States v. Noriega-Alanis

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40360
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JUAN FRANCISCO NORIEGA-ALANIS,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:18-CR-1234-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM:
*

The Federal Public Defender appointed to represent Juan Francisco
Noriega-Alanis 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). Noriega-Alanis has not filed a response
but moves for the appointment of substitute counsel. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein. We

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
March 18, 2020

Lyle W. Cayce
Clerk
Case: 19-40360 Document: 00515348854 Page: 1 Date Filed: 03/18/2020

No. 19-40360
2
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. Noriega-Alanis’s motion for
the appointment of substitute counsel is DENIED as untimely. See United
States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
Case: 19-40360 Document: 00515348854 Page: 2 Date Filed: 03/18/2020