United States v. Cruz-Desantiago ( 2022 )

Case: 21-40100 Document: 00516245160 Page: 1 Date Filed: 03/18/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 18, 2022
No. 21-40100 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Apolinar Cruz-Desantiago,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-697-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Apolinar Cruz-
Desantiago 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), and a supplemental brief. Cruz-
*
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opinion should not be published and is not precedent except under the limited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: 21-40100 Document: 00516245160 Page: 2 Date Filed: 03/18/2022
No. 21-40100
Desantiago has not filed a response. We have reviewed counsel’s briefs and
the relevant portions of the record reflected therein. 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