USA v. Jose Cruz

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UNPUBLISHED OPINION FILED. [11-20101 Dismissed as Frivolous] Judge: FPB , Judge: JLD , Judge: LHS Mandate pull date is 11/14/2011 for Appellant Jose Plattes Cruz; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [6818426-2] [11-20101]

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Case: 11-20101 Document: 00511640914 Page: 1 Date Filed: 10/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20101 Conference Calendar October 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE PLATTES CRUZ, also known as Jose Plattes, also known as Jose PlattesCruz, also known as Jose Plates, also known as Jose Plates Cruz, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-674-1 Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Plattes Cruz (Plattes) 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). Plattes 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20101 Document: 00511640914 Page: 2 Date Filed: 10/21/2011 No. 11-20101 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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