USA v. Javier Moya

Filing

UNPUBLISHED OPINION FILED. [12-50766 Dismissed as Frivolous] Judge: CDK , Judge: EBC , Judge: SAH Mandate pull date is 05/03/2013 for Appellant Javier Cabrera Moya; granting motion to withdraw as counsel filed by Ms. Donna F. Coltharp [7249325-2] [12-50766]

Case: 12-50766

Document: 00512206963

Page: 1

Date Filed: 04/12/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-50766
Summary Calendar

April 12, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JAVIER CABRERA MOYA,
Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:11-CR-406-1

Before KING, CLEMENT, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Javier Cabrera Moya
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). Cabrera Moya 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50766

Document: 00512206963

Page: 2

Date Filed: 04/12/2013

No. 12-50766
counsel is excused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2.

2