United States v. Ruiz-Bedolla

Case: 21-40709 Document: 00516239531 Page: 1 Date Filed: 03/15/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 15, 2022
No. 21-40709
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Ernesto Ruiz-Bedolla,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:21-CR-309-1
Before Wiener, Dennis, and Haynes, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Ernesto Ruiz-
Bedolla 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). Ruiz-Bedolla 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opinion should not be published and is not precedent except under the limited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: 21-40709 Document: 00516239531 Page: 2 Date Filed: 03/15/2022
No. 21-40709
reviewed counsel’s brief and the relevant portions of the record reflected
therein. It is dispositive that the Government has declined to waive the
untimeliness of Ruiz-Bedolla’s appeal. See United States v. Pesina-Rodriguez,
825 F.3d 787, 788 (5th Cir. 2016) (per curiam). Thus, 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