USA v. Javier Quesada-Rios

Filing

UNPUBLISHED OPINION FILED. [14-51317 Dismissed as Frivolous] Judge: ECP , Judge: PRO , Judge: JEG. Mandate pull date is 08/03/2015 for Appellant Javier Quesada-Rios; denying motion to appoint counsel filed by Appellant Mr. Javier Quesada-Rios [7886965-3]; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [7872863-2]; granting motion to supplement the record on appeal filed by Ms. Judy Fulmer Madewell [7872863-3] [14-51317]

Case: 14-51317

Document: 00513113767

Page: 1

Date Filed: 07/13/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-51317
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
July 13, 2015

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JAVIER QUESADA-RIOS, also known as Javier Quezada-Rios,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:14-CR-514-1
Before PRADO, OWEN and GRAVES, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Javier QuesadaRios 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). Counsel also has implicitly moved to supplement the
record with copies of adjudicative documents regarding Quesada-Rios’s prior
state conviction. Quesada-Rios has filed a response and has moved for the

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-51317

Document: 00513113767

Page: 2

Date Filed: 07/13/2015

No. 14-51317
appointment of new counsel.

We have reviewed counsel’s brief and the

relevant portions of the record reflected therein, as well as Quesada-Rios’s
response. We concur with counsel’s assessment that the appeal presents no
nonfrivolous issue for appellate review. Therefore, counsel’s implied motion
for leave to supplement the record and motion for leave to withdraw are
GRANTED, counsel is excused from further responsibilities herein, QuesadaRios’s motion for appointment of new counsel is DENIED, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2.

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