USA v. Diogenes Ascencio-Lemu

Filing

UNPUBLISHED OPINION FILED. [10-41110 Dismissed as Frivolous] Judge: PEH , Judge: EBC , Judge: JWE Mandate pull date is 09/06/2011 for Appellant Diogenes Ascencio-Lemus; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [6740380-2] [10-41110]

Case: 10-41110

Document: 00511573857

Page: 1

Date Filed: 08/16/2011

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

FILED
No. 10-41110
Conference Calendar

August 16, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DIOGENES ASCENCIO-LEMUS,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:10-CR-426-1

Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Diogenes AscencioLemus 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). Ascencio-Lemus 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
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41110

Document: 00511573857

Page: 2

Date Filed: 08/16/2011

No. 10-41110
GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2