USA v. Jose Cisto-Varga

Filing

UNPUBLISHED OPINION FILED. [16-41044 Dismissed as Frivolous] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 01/24/2017 for Appellant Jose Cisto-Vargas; granting motion to withdraw as counsel filed by Mr. Michael Lance Herman [8321806-2] [16-41044]

Case: 16-41044

Document: 00513819657

Page: 1

Date Filed: 01/03/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-41044
Summary Calendar

FILED
January 3, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE CISTO-VARGAS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:16-CR-212-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Jose Cisto-Vargas
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). Cisto-Vargas 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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41044

Document: 00513819657

Page: 2

Date Filed: 01/03/2017

No. 16-41044
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