USA v. Gerardo Nieto-Mendez

Filing

UNPUBLISHED OPINION FILED. [10-40218 Dismissed AS FRIVOLOUS] Judge: EGJ , Judge: PRO , Judge: CH Mandate pull date is 05/10/2011 for Appellant Gerardo Nieto-Mendez; granting motion to withdraw as counsel filed by Attorney Mr. Andres Aaron Ramos for Appellant Mr. Gerardo Nieto-Mendez [6624170-2] [10-40218]

Case: 10-40218 Document: 00511450916 Page: 1 Date Filed: 04/19/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit
FILED
No. 10-40218
Conference Calendar

April 19, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GERARDO NIETO-MENDEZ,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-593-1

Before JOLLY, OWEN, and HAYNES, Circuit Judges
PER CURIAM:*
The attorney appointed to represent Gerardo Nieto-Mendez 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).
Nieto-Mendez has not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. 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
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-40218 Document: 00511450916 Page: 2 Date Filed: 04/19/2011
No. 10-40218
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5 TH C IR. R. 42.2.

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