USA v. Miguel Imboden-Vallejo


UNPUBLISHED OPINION FILED. [16-40866 Dismissed as Frivolous] Judge: EGJ , Judge: ECP , Judge: LHS. Mandate pull date is 03/15/2017 for Appellant Miguel Angel Imboden-Vallejo; granting motion to file response out of time filed by Appellant Mr. Miguel Angel Imboden-Vallejo [8431934-2]; granting motion to withdraw as counsel filed by Ms. Kayla R. Gassmann [8317045-2] [16-40866]

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Case: 16-40866 Document: 00513884888 Page: 1 Date Filed: 02/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40866 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 22, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. MIGUEL ANGEL IMBODEN-VALLEJO, also known as Luis Fernando Pineda, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-26-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Miguel Angel Imboden-Vallejo 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). Imboden-Vallejo has submitted an 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40866 Document: 00513884888 Page: 2 Date Filed: 02/22/2017 No. 16-40866 unauthorized appellate brief, which we construe as a motion for leave to file an out-of-time response and GRANT. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Imboden-Vallejo’s response. 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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