Case Information
*1 Case: 21-10415 Document: 00516073624 Page: 1 Date Filed: 10/28/2021
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 28, 2021 No. 21-10415 Lyle W. Cayce Summary Calendar Clerk United States of America,
Plaintiff—Appellee , versus
Mark Lucio,
Defendant—Appellant . Appeal from the United States District Court for the Northern District of Texas USDC No. 5:20-CR-118-1 Before Wiener, Dennis, and Haynes, Circuit Judges .
Per Curiam: *
The attorney appointed to represent Mark Lucio 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). Lucio has filed a response. We have reviewed counsel’s brief and the relevant *2 Case: 21-10415 Document: 00516073624 Page: 2 Date Filed: 10/28/2021
No. 21-10415 portions of the record reflected therein, as well as Lucio’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. Lucio’s pro se motion for appointment of new counsel is DENIED as untimely. See United States v. Wagner , 158 F.3d 901, 902-03 (5th Cir. 1998).
2
[*] Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.