USA v. Misael Lopez-Valencia


UNPUBLISHED OPINION FILED. [10-41303 Dismissed as Frivolous] Judge: PEH , Judge: WED , Judge: JWE. Mandate pull date is 08/16/2011 for Appellant Misael Lopez-Valencia; granting motion to withdraw as counsel filed by Mr. Gregory Don Sherwood, Esq. [6784757-2] [10-41303]

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Case: 10-41303 Document: 00511551003 Page: 1 Date Filed: 07/26/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-41303 Summary Calendar July 26, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MISAEL LOPEZ-VALENCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:06-CR-1135-1 Before HIGGINBOTHAM, DAVIS and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Misael Lopez-Valencia 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). Lopez-Valencia 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41303 Document: 00511551003 Page: 2 Date Filed: 07/26/2011 No. 10-41303 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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