USA v. Gerardo Nieto-Mendez


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 2

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