United States v. Vivia ( 2022 )

Case: 21-20268 Document: 00516354462 Page: 1 Date Filed: 06/13/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 13, 2022
No. 21-20268
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Juan Miguel Rayas Vivia,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CR-601-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Juan Miguel Rayas Vivia on
appeal 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). Rayas Vivia has not filed a response. We have
*
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opinion should not be published and is not precedent except under the limited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: 21-20268 Document: 00516354462 Page: 2 Date Filed: 06/13/2022
No. 21-20268
reviewed counsel’s brief and the relevant portions of the record reflected
therein. In light of our recent opinion in United States v. Martinez, 15 F.4th
1179, 1180-81 (5th Cir. 2021) 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