USA v. Geronimo Torres-Ortiz
Filing
UNPUBLISHED OPINION FILED.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]
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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