USA v. Jose Santos-Reye


UNPUBLISHED OPINION FILED. [16-11479 Dismissed as Frivolous in Part and Dismissed as Moot in Part ] Judge: EGJ , Judge: JES , Judge: JEG Mandate pull date is 07/12/2017 for Appellant Jose Neptali Santos-Reyes; granting motion to withdraw as counsel filed by Mr. Brandon Elliott Beck [8435736-2] [16-11479]

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Case: 16-11479 Document: 00514043143 Page: 1 Date Filed: 06/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11479 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, versus JOSE NEPTALI SANTOS-REYES, Also Known as Jose Neptali Santosreyes, Also Known as Jose Santos, Also Known as Jose Neptali Santos, Also Known as Jose Reyes, Defendant–Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-179-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Neptali Santos- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11479 Document: 00514043143 Page: 2 Date Filed: 06/21/2017 No. 16-11479 Reyes 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). Santos-Reyes has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. This dismissal is in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot based on Santos-Reyes’s completion of the prison term and the absence of a term of supervised release, see United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). 2

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