USA v. Benito Aguirre, III

Filing

UNPUBLISHED OPINION FILED. [10-40694 Dismissed as Frivolous] Judge: TMR , Judge: JES , Judge: ECP Mandate pull date is 12/12/2011 for Appellant Benito Aguirre III; denying motion to strike brief filed by Appellant Mr. Benito Aguirre, III [6910759-2]; denying motion for extraordinary relief filed by Appellant Mr. Benito Aguirre, III [6910759-3]; granting motion to withdraw as counsel filed by Mr. Scott Matthew Ellison, Esq. [6693271-2] [10-40694]

Case: 10-40694

Document: 00511672599

Page: 1

Date Filed: 11/21/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 10-40694
Summary Calendar

November 21, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
BENITO AGUIRRE, III,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:10-CR-191-1

Before REAVLEY, SMITH, and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Benito Aguirre, III, has moved for
leave to withdraw and has filed briefs in accordance with Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Aguirre has filed several responses. Aguirre’s motion to strike counsel’s Anders
briefs and to proceed pro se is DENIED.
We have reviewed counsel’s briefs and the relevant portions of the record
reflected therein, as well as Aguirre’s responses. We concur with counsel’s
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-40694

Document: 00511672599

Page: 2

Date Filed: 11/21/2011

No. 10-40694
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.
See 5TH CIR. R. 42.2.

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