USA v. Antonio Gaona-Gaona

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UNPUBLISHED OPINION FILED. [14-40662 Dismissed as Frivolous] Judge: CDK , Judge: EGJ , Judge: CH. Mandate pull date is 05/01/2015 for Appellant Antonio Gaona-Gaona; denying motion to substitute counsel filed by Appellant Mr. Antonio Gaona-Gaona [7810340-3]; granting motion to withdraw as counsel filed by Mr. Omar Weaver Rosales [7798502-2] [14-40662]

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Case: 14-40662 Document: 00513001667 Page: 1 Date Filed: 04/10/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40662 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 10, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ANTONIO GAONA-GAONA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-816-1 Before KING, JOLLY, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Antonio Gaona-Gaona 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). Gaona-Gaona has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as GaonaGaona’s response. We concur with counsel’s assessment that the appeal 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40662 Document: 00513001667 Page: 2 Date Filed: 04/10/2015 No. 14-40662 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. Gaona-Gaona’s motion for appointment of new counsel on appeal is DENIED. 2

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