USA v. Guadalupe Lozoya

Filing

UNPUBLISHED OPINION FILED. [11-40904 Dismissed as Frivolous] Judge: EHJ , Judge: EGJ , Judge: JES Mandate pull date is 05/08/2012 for Appellant Guadalupe Lozoya; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [6976022-2] [11-40904]

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Case: 11-40904 Document: 00511824802 Page: 1 Date Filed: 04/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40904 Conference Calendar April 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUADALUPE LOZOYA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:11-CR-121-2 Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Guadalupe Lozoya 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). Lozoya 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, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40904 Document: 00511824802 Page: 2 Date Filed: 04/17/2012 No. 11-40904 counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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