USA v. Eustacio Maldonado


UNPUBLISHED OPINION FILED. [13-20173 Dismissed in part as frivolous and Dismissed in part as moot] Judge: TMR , Judge: PRO , Judge: LHS Mandate pull date is 03/14/2014 for Appellant Eustacio Cabrera Maldonado; granting motion to withdraw as counsel filed by Ms. Lourdes Rodriguez [7428590-2] [13-20173]

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Case: 13-20173 Document: 00512540389 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20173 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. EUSTACIO CABRERA MALDONADO, also known as Eustacio Maldonado, also known as Eustaciocabrera Maldonado, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-726-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Eustacio Cabrera Maldonado 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). Maldonado has not filed a response and has been removed from the United States. We have reviewed counsel’s brief and the relevant portions of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20173 Document: 00512540389 Page: 2 Date Filed: 02/21/2014 No. 13-20173 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 excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). 2

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