USA v. Jose Nino-Borja

Filing

UNPUBLISHED OPINION FILED. [11-41072 Dismissed as Frivolous] Judge: WED , Judge: CES , Judge: ECP Mandate pull date is 07/10/2012 for Appellant Jose Rodolfo Nino-Borjas; granting motion to withdraw as counsel filed by Ms. Sarah Beth Landau [7036869-2] [11-41072]

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Case: 11-41072 Document: 00511892050 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41072 Conference Calendar June 19, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE RODOLFO NINO-BORJAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:11-CR-441-1 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Rodolfo NinoBorjas (Nino) 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). Nino 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41072 Document: 00511892050 Page: 2 Date Filed: 06/19/2012 No. 11-41072 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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