USA v. Raul Cesario-Mendo


UNPUBLISHED OPINION FILED. [16-40761 Dismissed as Frivolous and Reformed] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 07/26/2017 for Appellant Raul Cesario-Mendo; granting motion to withdraw as counsel filed by Ms. Margaret Loraine Schmucker [8424537-2] [16-40761]

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Case: 16-40761 Document: 00514059456 Page: 1 Date Filed: 07/05/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40761 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 5, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAUL CESARIO-MENDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1613-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Raul Cesario-Mendo 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). Cesario-Mendo 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 appellate review. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40761 Document: 00514059456 Page: 2 Date Filed: 07/05/2017 No. 16-40761 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. In light of the nonreversible error in describing the offense as a marijuana offense, the judgment of the district court is REFORMED to show that Cesario-Mendo was convicted and sentenced for possession of five kilograms or more of cocaine with intent to distribute. See, e.g., United States v. Mondragon-Santiago, 564 F.3d 357, 369 (5th Cir. 2009). 2

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