USA v. Arturo Melendez-Rodriguez

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UNPUBLISHED OPINION FILED. [11-40718 Dismissed as Frivolous] Judge: PEH , Judge: JES , Judge: CH Mandate pull date is 11/06/2012 for Appellant Arturo Melendez-Rodriguez; granting motion to withdraw as counsel filed by Mr. Omar Weaver Rosales [6916561-2] [11-40718]

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Case: 11-40718 Document: 00512021021 Page: 1 Date Filed: 10/16/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40718 Conference Calendar October 16, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARTURO MELENDEZ-RODRIGUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:11-CR-132-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The counsel appointed to represent Arturo Melendez-Rodriguez 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). Melendez-Rodriguez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40718 Document: 00512021021 Page: 2 Date Filed: 10/16/2012 No. 11-40718 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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