USA v. Geronimo Torres-Ortiz


UNPUBLISHED OPINION FILED. [12-40853 Dismissed as Frivolous] Judge: EHJ , Judge: PRO , Judge: JEG Mandate pull date is 07/09/2013 for Appellant Geronimo Torres-Ortiz; denying motion to appoint counsel filed by Appellant Mr. Geronimo Torres-Ortiz [7348183-2]; denying motion to file response out of time filed by Appellant Mr. Geronimo Torres-Ortiz [7348183-3]; granting motion to withdraw as counsel filed by Ms. Laura Fletcher Leavitt [7236798-2] [12-40853]

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Case: 12-40853 Document: 00512277959 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40853 Conference Calendar June 18, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GERONIMO TORRES-ORTIZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-126-1 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Geronimo TorresOrtiz 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). Torres-Ortiz filed an untimely response, which we construe as a motion for leave to file an out-of-time response and grant. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Torres-Ortiz’s response. We concur with counsel’s assessment that the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40853 Document: 00512277959 Page: 2 Date Filed: 06/18/2013 No. 12-40853 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. Torres-Ortiz’s motion for the relief of counsel and for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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