United States v. Magallan

Case: 22-10748 Document: 00516622774 Page: 1 Date Filed: 01/25/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-10748
FILED
January 25, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Ruben Magallan, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:21-CR-64-3
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
The attorney appointed to represent Ruben Magallan, Jr., 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). Magallan has not filed a response. Counsel has also filed a
supplemental motion to withdraw. We have reviewed counsel’s brief and the
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10748 Document: 00516622774 Page: 2 Date Filed: 01/25/2023
No. 22-10748
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. Counsel’s
supplemental motion to withdraw is accordingly DENIED as moot.
2