USA v. Odil Rodriguez-Moreno


UNPUBLISHED OPINION FILED. [16-40166 Dismissed as Frivolous] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 11/04/2016 for Appellant Odil Antonio Rodriguez-Moreno; granting motion to withdraw as counsel filed by Mr. Timothy William Crooks [8193969-2] [16-40166]

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Case: 16-40166 Document: 00513718205 Page: 1 Date Filed: 10/14/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40166 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 14, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. ODIL ANTONIO RODRIGUEZ-MORENO, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-1299-1 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Odil Antonio Rodriguez-Moreno 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). Rodriguez-Moreno has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rodriguez-Moreno’s response. Although 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40166 Document: 00513718205 Page: 2 Date Filed: 10/14/2016 No. 16-40166 Rodriguez-Moreno signed a document entitled “Decision Regarding My Appeal” in which he stated that he wished to appeal only his sentence, we have reviewed the validity of both the conviction and sentence. 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. See 5TH CIR. R. 42.2. 2

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