USA v. Javier Quesada-Rios


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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