USA v. Calixto Silva-Espinosa


UNPUBLISHED OPINION FILED. [16-40873 Dismissed as Frivolous] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 04/17/2017 for Appellant Calixto Silva-Espinosa; granting motion to withdraw as counsel filed by Ms. Kayla R. Gassmann [8354300-2] [16-40873]

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Case: 16-40873 Document: 00513926661 Page: 1 Date Filed: 03/27/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40873 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 27, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, versus CALIXTO SILVA-ESPINOSA, Also Known as Mario Raul Santillan-Sandoval, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1254-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Calixto SilvaPursuant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40873 Document: 00513926661 Page: 2 Date Filed: 03/27/2017 No. 16-40873 Espinosa 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). Silva-Espinosa has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. The motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. CIR. R. 42.2. 2 See 5TH

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