USA v. Odil Rodriguez-Moreno

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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