United States v. Garza

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-11238
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE ALONSO GARZA,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CR-232-8

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

The attorney appointed to represent Jose Alonso Garza 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).
Garza has filed a response. We have reviewed counsel’s brief and the relevant
portions of the record reflected therein, as well as Garza’s response. We concur
with counsel’s assessment that the appeal presents no nonfrivolous issue for

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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

Lyle W. Cayce
Clerk
Case: 19-11238 Document: 00515442996 Page: 1 Date Filed: 06/05/2020

No. 19-11238
2
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. To the extent that Garza’s
statement that “having an attorney on my side may prove beneficial to my
case” is an attempt to seek new counsel, Garza’s motion for the appointment of
substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901,
902-03 (5th Cir. 1998).
Case: 19-11238 Document: 00515442996 Page: 2 Date Filed: 06/05/2020