USA v. Rico

Filing 920100305

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Case: 09-50050 Document: 00511043246 Page: 1 Date Filed: 03/05/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50050 Summary Calendar March 5, 2010 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CRESENCIO RICO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:97-CR-164-ALL Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM:* Cresencio Rico appeals the district court's order dismissing his pro se motion to reinstate his appeal of his 2005 conviction for conspiracy to possess with intent to distribute marijuana. Counsel appointed to represent Rico in the instant appeal has moved for leave to withdraw and has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), contending that there are no nonfrivolous issues with respect to Rico's conviction and sentence. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. * Case: 09-50050 Document: 00511043246 Page: 2 No. 09-50050 Date Filed: 03/05/2010 As recognized by the district court, Rico's motion to reinstate his appeal was an unauthorized motion that the district court lacked jurisdiction to entertain. See United States v. Early, 27 F. 3d 140, 142 (5th Cir. 1994). "Thus, [Rico] has appealed from the denial of a meaningless, unauthorized motion." Id. For the foregoing reasons, the judgment of the district court is AFFIRMED and counsel's motion to withdraw is GRANTED. All other outstanding motions are DENIED. 2

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