USA v. Jose Moctezuma-Barragan


UNPUBLISHED OPINION FILED. [16-40223 Dismissed as Frivolous] Judge: EHJ , Judge: JLW , Judge: EBC Mandate pull date is 01/31/2017 for Appellant Jose Antonio Moctezuma-Barragan; granting motion to withdraw as counsel filed by Mr. Scott Andrew Martin [8203077-2] [16-40223]

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Case: 16-40223 Document: 00513828236 Page: 1 Date Filed: 01/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40223 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANTONIO MOCTEZUMA-BARRAGAN, also known as Mario SanchezGarcia, also known as Jose Moctezuma-Barragan, also known as Jose Moctezuma-Baragan, also known as Cleofas Moctezuma-Barragan, also known as Rodolfo Castillo, also known as Pedro Garcia, also known as Juan Gonzales, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 6:15-CR-44-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Antonio Moctezuma-Barragan 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). Moctezuma-Barragan has not filed a 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40223 Document: 00513828236 Page: 2 Date Filed: 01/10/2017 No. 16-40223 response. We have reviewed the relevant portions of the record as well as counsel’s Anders brief, Federal Rule of Appellate Procedure 28(j) letter, and response to our directive for clarification. 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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