USA v. Gilberto Herrera

Filing

UNPUBLISHED OPINION FILED. [13-30765 Dismissed as Frivolous 13-30799 Dismissed as Frivolous] Judge: TMR , Judge: PRO , Judge: LHS Mandate pull date is 03/14/2014 for Appellant Gilberto Del Rio Herrera; granting motion to withdraw as counsel filed by Mrs. Carol B. Whitehurst [7462740-2] [13-30765, 13-30799]

Case: 13-30765

Document: 00512540388

Page: 1

Date Filed: 02/21/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-30765
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 21, 2014

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
GILBERTO DEL RIO HERRERA, also known as Gilberto Delrio, also known
as Gilberto Delrio Herrera, also known as Gilberto Herrera Delrio, also known
as Gilberto Del Rio-Herrera, also known as Alejandro Jimenez-Gutierrez, also
known as Mario Alejandro Jimenez-Gutierrez, also known as Julio Fuentes
Lind,
Defendant-Appellant
c/w No. 13-30799
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
GILBERTO DEL RIO HERRERA,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 6:13-CR-13-1
USDC No. 6:13-CR-100-1

Case: 13-30765

Document: 00512540388

Page: 2

Date Filed: 02/21/2014

No. 13-30765
Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Gilberto Del Rio
Herrera (Del Rio) 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). Del Rio has filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected
therein, as well as Del Rio’s response. We concur with counsel’s assessment
that the appeals present 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 APPEALS ARE
DISMISSED. See 5TH CIR. R. 42.2.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

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