USA v. Gustavo Ortega

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UNPUBLISHED OPINION FILED. [16-40523 Dismissed as Frivolous] Judge: WED, Judge: LHS, Judge: SAH. Mandate pull date is 02/10/2017 for Appellant Gustavo Ortega; granting motion to withdraw as counsel filed by Mr. Timothy William Crooks [8307287-2] [16-40523]

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Case: 16-40523 Document: 00513843035 Page: 1 Date Filed: 01/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40523 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 20, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUSTAVO ORTEGA, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1170-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Gustavo Ortega 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). Ortega 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 assessment that the appeal presents no nonfrivolous issue for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40523 Document: 00513843035 Page: 2 Date Filed: 01/20/2017 No. 16-40523 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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