United States v. Molina ( 2023 )

Case: 23-50233 Document: 00516957596 Page: 1 Date Filed: 11/06/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-50233
Summary Calendar FILED
____________ November 6, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Josie Louisa Molina,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:22-CR-195-1
______________________________
Before Jones, Southwick, and Ho, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Josie Louisa Molina 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). Molina has filed a response and moved for the appointment of
substitute counsel. We have reviewed counsel’s brief and the relevant
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50233 Document: 00516957596 Page: 2 Date Filed: 11/06/2023
No. 23-50233
portions of the record reflected therein, as well as Molina’s response. 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. Molina’s
motion for the appointment of new counsel is DENIED as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2