USA v. Fabian Gaucin


UNPUBLISHED OPINION FILED. [10-20181 Dismissed as Frivolous] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Fabian Alexandro Gaucin; granting motion to withdraw as counsel filed by Attorney Ms. Laura Fletcher Leavitt for Appellant Mr. Fabian Alexandro Gaucin [6566736-2] [10-20181]

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USA v. Fabian Gaucinase: 10-20181 C Document: 00511274929 Page: 1 Date Filed: 10/26/2010 Doc. 0 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED N o . 10-20181 C o n fe r e n c e Calendar October 26, 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. F A B I A N ALEXANDRO RIVERA GAUCIN, also known as Fabian Alexandro R iv e r a , also known as Fabian Rivera, also known as Fabian A. Rivera, also k n o w n as Fabian Alejandro Rivera-Gaucin, also known as Fabian Alejandro R iv e r a Gaucin, 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 Southern District of Texas U S D C No. 4:09-CR-355-1 B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e Federal Public Defender appointed to represent Fabian Alexandro R iv e r a Gaucin has moved for leave to withdraw and has filed a brief in a c c o r d a n c e with Anders v. California, 386 U.S. 738 (1967). Rivera Gaucin has n o t filed a response. Our independent review of the record and counsel's brief d is c lo s e s no nonfrivolous issue for appeal. Accordingly, counsel's motion for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-20181 Document: 00511274929 Page: 2 Date Filed: 10/26/2010 No. 10-20181 le a v e to withdraw is GRANTED, counsel is excused from further responsibilities h e r e in , and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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