USA v. Javier Cruz
Filing
UNPUBLISHED OPINION FILED. [13-10047 Dismissed as frivolous ] Judge: TMR , Judge: PRO , Judge: LHS Mandate pull date is 03/14/2014 for Appellant Javier Cruz; granting motion to withdraw as counsel filed by Mr. James Patrick Whalen [7424419-2] [13-10047]
Case: 13-10047
Document: 00512539702
Page: 1
Date Filed: 02/21/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-10047
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2014
UNITED STATES OF AMERICA,
Plaintiff-Appellee
Lyle W. Cayce
Clerk
v.
JAVIER PINEDA CRUZ, also known as Rudy, also known as Rudolfo,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:12-CR-8-9
Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Javier Pineda Cruz 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).
Cruz 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.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-10047
Document: 00512539702
Page: 2
Date Filed: 02/21/2014
No. 13-10047
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.
2
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