USA v. Sergio Ruiz-Tapia


UNPUBLISHED OPINION FILED. [16-11043 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: JEG Mandate pull date is 05/09/2017 for Appellant Sergio Aaron Ruiz-Tapia; denying motion to appoint counsel filed by Appellant Mr. Sergio Aaron Ruiz-Tapia [8387052-2]; granting motion to withdraw as counsel filed by Mrs. Carolyn A. Hill, Esq. [8367631-2] [16-11043]

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Case: 16-11043 Document: 00513956021 Page: 1 Date Filed: 04/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11043 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. SERGIO AARON RUIZ-TAPIA, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-427-10 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Sergio Aaron Ruiz-Tapia 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). Ruiz-Tapia has filed a response. His motion for the appointment of substitute counsel is untimely. United States v. Wagner, 158 F.3d 901, 90203 (5th Cir. 1998). We have reviewed counsel’s brief and the relevant portions 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11043 Document: 00513956021 Page: 2 Date Filed: 04/18/2017 No. 16-11043 of the record reflected therein, as well as Ruiz-Tapia’s response. 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, Ruiz-Tapia’s motion for appointment of substitute counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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