United States v. Fuentes

United States Court of Appeals
for the Fifth Circuit

No. 19-11383
consolidated with
No. 19-11384
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Sergio Fuentes,

Defendant—Appellant.

Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-164-1
USDC No. 4:19-CR-251-1

Before Smith, Stewart, and Higginson, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Sergio Fuentes
in appeal No. 19-11383 has moved for leave to withdraw and has filed a brief

*
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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
FILED
September 23, 2020

Lyle W. Cayce
Clerk
Case: 19-11383 Document: 00515575636 Page: 1 Date Filed: 09/23/2020

No. 19-11383
c/w No. 19-11384
2
in accordance with Anders v. California, 386 U.S. 738 (1967), and United
States v. Flores, 632 F.3d 229 (5th Cir. 2011). The same Federal Public
Defender also has moved to withdraw and filed an Anders brief in appeal
No. 19-11384. Fuentes has filed a response that addresses both appeals. We
exercise our authority to sua sponte consolidate the appeals, which implicate
common facts and issues. See United States v. Rodriguez, 564 F.3d 735, 737
(5th Cir. 2009); Fed. R. App. P. 3(b)(2).
We have reviewed counsel’s briefs and the relevant portions of the
record reflected therein, as well as Fuentes’s response. We concur with
counsel’s assessment that the appeals present no nonfrivolous issue for
appellate review. Accordingly, counsel’s motions for leave to withdraw are
GRANTED, counsel is excused from further responsibilities herein, and
the appeals are DISMISSED. See 5th Cir. R. 42.2.
Case: 19-11383 Document: 00515575636 Page: 2 Date Filed: 09/23/2020