USA v. Odilon Garcia

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UNPUBLISHED OPINION FILED. [13-20284 Dismissed as frivolous ] Judge: ECP , Judge: JWE , Judge: CH Mandate pull date is 05/07/2014 for Appellant Odilon Perez Garcia; granting motion to withdraw as counsel filed by Ms. Margaret Christina Ling [7473144-2] [13-20284]

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Case: 13-20284 Document: 00512598983 Page: 1 Date Filed: 04/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20284 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ODILON PEREZ GARCIA, also known as Odilon Perez-Garcia, also known as Odilon Garcia Perez, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 4:13-CR-8-1 Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Odilon Perez Garcia 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). Perez Garcia filed a letter requesting more time to file a response to the Anders brief, and he was given more time. However, he never 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20284 Document: 00512598983 Page: 2 Date Filed: 04/16/2014 No. 13-20284 filed a supplemental brief. We have reviewed counsel’s brief, the relevant portions of the record reflected therein, and the points raised in Perez Garcia’s initial letter. 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. See 5TH CIR. R. 42.2. 2

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