USA v. Maximiliano Jimenez-Mejia


UNPUBLISHED OPINION FILED. [15-11243 Dismissed In Part as Frivolous and Dismissed in Part as Moot] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 10/12/2017 for Appellant Maximiliano Jimenez-Mejia; granting motion to withdraw as counsel filed by Mr. Jerry Van Beard, Esq. [8479732-2] [15-11243]

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Case: 15-11243 Document: 00514165053 Page: 1 Date Filed: 09/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-11243 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 21, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MAXIMILIANO JIMENEZ-MEJIA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:15-CR-23-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Maximiliano Jimenez-Mejia 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). Jimenez-Mejia has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-11243 Document: 00514165053 Page: 2 Date Filed: 09/21/2017 No. 15-11243 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot based on Jimenez-Mejia’s completion of the prison term imposed and the absence of a term of supervised release due to his revocation, see United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). 2

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