USA v. Fernando Mora-Robledo


UNPUBLISHED OPINION FILED. [13-40707 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: SAH. Mandate pull date is 07/08/2014 for Appellant Fernando Alfredo Mora-Robledo; granting motion to withdraw as counsel filed by Ms. Molly Estelle Odom, Esq. [7494531-2]; denying motion to appoint counsel filed by Appellant Mr. Fernando Alfredo Mora-Robledo [7523700-3] [13-40707]

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Case: 13-40707 Document: 00512666040 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40707 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. FERNANDO ALFREDO MORA-ROBLEDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:09-CR-1743-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Fernando Alfredo Mora-Robledo 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). Mora-Robledo has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Mora-Robledo’s response. We concur with counsel’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40707 Document: 00512666040 Page: 2 Date Filed: 06/17/2014 No. 13-40707 assessment that the appeal presents no nonfrivolous issue for appellate review. Mora-Robledo’s arguments about the appeal from his new illegal-reentry conviction are not before us here as they are pending under case No. 13-40705. 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. Mora-Robledo’s motion for appointment of substitute counsel is DENIED. 2

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