United States v. Saenz-Lara ( 2022 )

Case: 21-11089 Document: 00516343274 Page: 1 Date Filed: 06/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 3, 2022
No. 21-11089
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Cesar Enrique Saenz-Lara,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:20-CR-100-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Cesar Enrique
Saenz-Lara 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). Saenz-Lara has not filed a response.
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-11089 Document: 00516343274 Page: 2 Date Filed: 06/03/2022
No. 21-11089
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein. It is dispositive that the Government has declined to waive
the untimeliness of Saenz-Lara’s appeal. See United States v. Pesina-
Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). 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