USA v. Jose Padilla-Escutia


UNPUBLISHED OPINION FILED. [14-40836 Dismissed as Frivolous] Judge: TMR , Judge: JES , Judge: JEG. Mandate pull date is 05/12/2015 for Appellant Jose Juan Padilla-Escutia; denying motion to appoint counsel filed by Appellant Mr. Jose Juan Padilla-Escutia [7794381-3]; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [7762304-2] [14-40836]

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Case: 14-40836 Document: 00513013148 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40836 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 21, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE JUAN PADILLA-ESCUTIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-230-1 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Juan PadillaEscutia 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). Padilla-Escutia has filed a response seeking the appointment of new counsel. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Padilla-Escutia’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40836 Document: 00513013148 Page: 2 Date Filed: 04/21/2015 No. 14-40836 response. 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. PadillaEscutia’s request for the appointment of substitute counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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