USA v. Marcelino Estrada-Aguilar


UNPUBLISHED OPINION FILED. [10-41286 Dismissed as Frivolous] Judge: PEH , Judge: EBC , Judge: JWE Mandate pull date is 09/06/2011 for Appellant Marcelino Estrada-Aguilar; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [6782463-2] [10-41286]

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Case: 10-41286 Document: 00511573596 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. 10-41286 Conference Calendar August 16, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCELINO ESTRADA-AGUILAR, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:10-CR-826-1 Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Marcelino EstradaAguilar 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). Estrada-Aguilar 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41286 Document: 00511573596 Page: 2 Date Filed: 08/16/2011 No. 10-41286 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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