United States v. Mascarenas-Jaramillo ( 2023 )

Case: 22-40712 Document: 00516649704 Page: 1 Date Filed: 02/17/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 22-40712 February 17, 2023
Summary Calendar Lyle W. Cayce
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Luis Mascarenas-Jaramillo,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:18-CR-1422-4
______________________________
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Luis Mascarenas-Jaramillo 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). Mascarenas-Jaramillo has filed a timely response including a
request for an extension of time to file a further response and an untimely
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-40712 Document: 00516649704 Page: 2 Date Filed: 02/17/2023
No. 22-40712
response raising only issues beyond the scope of the remand in this case. We
have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Mascarenas-Jaramillo’s timely response.
Mascarenas-Jaramillo’s request for an extension of time to file an additional
response is DENIED. 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