USA v. Armando Avellaneda-Palacio


UNPUBLISHED OPINION FILED. [16-40473 Dismissed as Frivolous] Judge: WED , Judge: LHS , Judge: SAH. Mandate pull date is 01/12/2017 for Appellant Armando Avellaneda-Palacios; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [8274205-2] [16-40473]

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Case: 16-40473 Document: 00513809870 Page: 1 Date Filed: 12/22/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40473 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 22, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ARMANDO AVELLANEDA-PALACIOS, also known as Jose HernandezPalacios, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:15-CR-1059-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Armando Avellaneda-Palacios 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). Avellaneda-Palacios has not filed a response. We have reviewed counsel’s brief and the relevant portions of the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40473 Document: 00513809870 Page: 2 Date Filed: 12/22/2016 No. 16-40473 record reflected therein. 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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