USA v. Cervando Rico-Luna


UNPUBLISHED OPINION FILED. [12-50060 Dismissed as Frivolous] Judge: WED , Judge: PRO , Judge: SAH Mandate pull date is 01/07/2013 for Appellant Cervando Rico-Luna; granting motion to withdraw as counsel filed by Mr. Evers Jason Leach [7152285-2] [12-50060]

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Case: 12-50060 Document: 00512085500 Page: 1 Date Filed: 12/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50060 Conference Calendar December 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CERVANDO RICO-LUNA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:11-CR-296-2 Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Cervando Rico-Luna 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). Rico-Luna 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, counsel 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50060 Document: 00512085500 Page: 2 Date Filed: 12/17/2012 No. 12-50060 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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