United States v. Najera

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50551
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDUARDO NAJERA,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:16-CR-476-1

Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM:
*

The Federal Public Defender appointed to represent Eduardo Najera 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). Najera has filed a response. We have reviewed counsel’s brief and
the relevant portions of the record reflected therein, as well as Najera’s
response. We concur with counsel’s assessment that the appeal presents no

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
January 31, 2020

Lyle W. Cayce
Clerk
Case: 19-50551 Document: 00515294395 Page: 1 Date Filed: 01/31/2020

No. 19-50551
2
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.
* *

**
Judge Higginson would deny counsel’s dismissal.
Case: 19-50551 Document: 00515294395 Page: 2 Date Filed: 01/31/2020