USA v. Edwin Caballero-Guardado

Filing

UNPUBLISHED OPINION FILED. [16-10280 Dismissed as Frivolous in Part and Dismissed as Moot in Part] Judge: JLD , Judge: ECP , Judge: PRO Mandate pull date is 01/10/2017 for Appellant Edwin Orlando Caballero-Guardado; granting motion to withdraw as counsel filed by Mr. Jerry Van Beard, Esq. [8279460-2] [16-10280]

Case: 16-10280

Document: 00513805338

Page: 1

Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10280
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 20, 2016

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
EDWIN ORLANDO CABALLERO-GUARDADO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-446-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Edwin Orlando
Caballero-Guardado 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). During the pendency of the appeal,
Caballero-Guardado completed his 8-month term of imprisonment and has
been deported. We have reviewed counsel’s brief and the relevant portions of

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10280

Document: 00513805338

Page: 2

Date Filed: 12/20/2016

No. 16-10280
the record reflected therein. 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 in part as
frivolous, see 5TH CIR. R. 42.2, and in part as moot, see, e.g., United States v.
Prieto, 801 F.3d 547, 549 n.1 (5th Cir. 2015).

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