USA v. Jose Rojas-Duque

Filing

UNPUBLISHED OPINION FILED. [16-20757 Dismissed as Frivolous] Judge: PEH, Judge: EHJ, Judge: JES. Mandate pull date is 10/19/2017 for Appellant Jose Rojas-Duque; granting motion to withdraw as counsel filed by Mr. John Riley Friesell [8484478-2] [16-20757]

Case: 16-20757

Document: 00514174476

Page: 1

Date Filed: 09/28/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-20757
Summary Calendar

FILED
September 28, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

JOSE ROJAS-DUQUE, also known as Jose Rojas, also known as Rafael
Carreno,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CR-67-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jose Rojas-Duque 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).
Rojas-Duque 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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20757

Document: 00514174476

Page: 2

Date Filed: 09/28/2017

No. 16-20757
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.
See 5TH CIR. R. 42.2.

2