USA v. Benito Aguirre, III


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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