USA v. Raul Tamayo-Carerra

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UNPUBLISHED OPINION FILED. [13-41196 Dismissed as Frivolous] Judge: TMR , Judge: JLD , Judge: LHS. Mandate pull date is 09/23/2014 for Appellant Raul Tamayo-Carerra; granting motion to withdraw as counsel filed by Ms. Margaret Christina Ling [7616347-2] [13-41196]

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Case: 13-41196 Document: 00512753203 Page: 1 Date Filed: 09/02/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-41196 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 2, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. RAUL TAMAYO-CARERRA, also known as Raul Tamayo, also known as Raul Tamayo-Rutiaga, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-544-1 Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Raul TamayoCarerra 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). Tamayo-Carerra has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-41196 Document: 00512753203 Page: 2 Date Filed: 09/02/2014 No. 13-41196 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. See 5TH CIR. R. 42.2. 2

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