USA v. Jose Maldonado-Toscano

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UNPUBLISHED OPINION FILED. [16-40707 Dismissed as frivolous] Judge: JLD , Judge: ECP , Judge: PRO Mandate pull date is 01/10/2017 for Appellant Jose Manuel Maldonado-Toscano; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [8286875-2] [16-40707]

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Case: 16-40707 Document: 00513805192 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40707 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE MANUEL MALDONADO-TOSCANO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CR-12-1 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Manuel Maldonado-Toscano 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). Maldonado-Toscano 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40707 Document: 00513805192 Page: 2 Date Filed: 12/20/2016 No. 16-40707 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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