USA v. Edwin Caballero-Guardado


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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