USA v. Edgar Saldivar


UNPUBLISHED OPINION FILED. [11-20728 Dismissed as Frivolous] Judge: JES , Judge: JWE , Judge: LHS Mandate pull date is 09/11/2012 for Appellant Edgar Eluit Lezama Saldivar; granting motion to withdraw as counsel filed by Mr. Kenneth W. McGuire, Esq. [7065538-2] [11-20728]

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Case: 11-20728 Document: 00511964177 Page: 1 Date Filed: 08/21/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20728 Conference Calendar August 21, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDGAR ELUIT LEZAMA SALDIVAR, also known as Edgar Eliud Saldivar Lezama, also known as Edgar Eliud Lezama-Saldivar, also known as Edgar Eliud Lezama Saldivar, also known as Edgar Eliut Lezama-Saldivar, also known as Edgar E. Lezama-Saldivar, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-23-1 Before SMITH, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Edgar Eluit Lezama Saldivar 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). Lezama Saldivar has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20728 Document: 00511964177 Page: 2 Date Filed: 08/21/2012 No. 11-20728 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 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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