USA v. Alfonso Molina

Filing

UNPUBLISHED OPINION FILED. [09-11112 Dismissed as frivolous ] Judge: CDK , Judge: FPB , Judge: JWE Mandate pull date is 11/01/2010 for Appellant Alfonso Ernesto Molina; denying motion to remand case filed by Appellant Mr. Alfonso Ernesto Molina [6574204-4]; denying motion to vacate the judgment of the district court filed by Appellant Mr. Alfonso Ernesto Molina [6574204-3]; granting motion to withdraw as counsel filed by Appellant Mr. Jason Douglas Hawkins for Appellant Mr. Alfonso Ernesto Molina [6503452-2] [09-11112]

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USA v. Alfonso Molina Doc. 0 Case: 09-11112 Document: 00511259438 Page: 1 Date Filed: 10/11/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 09-11112 S u m m a r y Calendar October 11, 2010 Lyle W. Cayce Clerk U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. A L F O N S O ERNESTO MOLINA, D e fe n d a n t -A p p e lla n t A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 4:09-CR-76-1 B e fo r e KING, BENAVIDES, and ELROD, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Alfonso Ernesto M o lin a has moved for leave to withdraw and has filed a brief in accordance with A n d e r s v. California, 386 U.S. 738 (1967). Molina has filed a response. Our in d ep e n d e n t review of the record, counsel's brief, and Molina's response discloses n o nonfrivolous issue for appeal. Accordingly, counsel's motion for leave to w it h d r a w is GRANTED, counsel is excused from further responsibilities herein, a n d the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Molina's motions to Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Dockets.Justia.com Case: 09-11112 Document: 00511259438 Page: 2 No. 09-11112 Date Filed: 10/11/2010 v a c a t e the sentence and to remand the case to the district court for resentencing a r e DENIED. 2

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