USA v. Ruben De La Garza

Filing

UNPUBLISHED OPINION FILED. [13-40869 Dismissed as Frivolous] Judge: EBC , Judge: ECP , Judge: JWE Mandate pull date is 09/19/2014 for Appellant Ruben De La Garza; granting motion to withdraw as counsel filed by Ms. Laura Fletcher Leavitt [7569844-2] [13-40869]

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Case: 13-40869 Document: 00512751056 Page: 1 Date Filed: 08/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40869 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 29, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. RUBEN DE LA GARZA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-1098-1 Before CLEMENT, PRADO, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Ruben De La Garza 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). De La Garza 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40869 Document: 00512751056 Page: 2 Date Filed: 08/29/2014 No. 13-40869 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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