USA v. Matthew Ojeda

Filing

UNPUBLISHED OPINION FILED. [14-40248 Dismissed as Frivolous] Judge: JES , Judge: JLW , Judge: JWE. Mandate pull date is 01/08/2015 for Appellant Matthew Ojeda; granting motion to withdraw as counsel filed by Mr. Seth Kretzer [7695293-2] [14-40248]

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Case: 14-40248 Document: 00512874826 Page: 1 Date Filed: 12/18/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40248 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 18, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus MATTHEW OJEDA, Defendant−Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13-CR-89-1 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Matthew Ojeda has moved for leave 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40248 Document: 00512874826 Page: 2 Date Filed: 12/18/2014 No. 14-40248 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). Ojeda has filed a response. We have reviewed counsel’s brief, relevant portions of the record reflected therein, and Ojeda’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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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