United States v. Avila-Ortega

United States Court of Appeals
for the Fifth Circuit

No. 19-41046
Conference Calendar

United States of America,

Plaintiff—Appellee,

versus

Olman Neptaly Avila-Ortega,

Defendant—Appellant.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:19-CR-1738-1

Before Dennis, Costa, and Engelhardt, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Olman Neptaly
Avila-Ortega 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). Avila-Ortega has filed a response, and

*
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opinion should not be published and is not precedent except under the limited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
December 11, 2020

Lyle W. Cayce
Clerk
Case: 19-41046 Document: 00515670268 Page: 1 Date Filed: 12/11/2020

No. 19-41046
2
he moves for the appointment of substitute appellate counsel. That motion
is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03
(5th Cir. 1998).
We have reviewed counsel’s brief and the relevant portions of the
record reflected therein, as well as Avila-Ortega’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.
Case: 19-41046 Document: 00515670268 Page: 2 Date Filed: 12/11/2020