USA v. Jorge Vasquez


UNPUBLISHED OPINION FILED. [16-41085 Dismissed as Frivolous] Judge: CDK , Judge: CH , Judge: JEG. Mandate pull date is 05/09/2017 for Appellant Jorge Mauricio Vasquez; granting motion to withdraw as counsel filed by Mr. Timothy William Crooks [8355343-2] [16-41085]

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Case: 16-41085 Document: 00513956138 Page: 1 Date Filed: 04/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41085 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JORGE MAURICIO VASQUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-323-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jorge Mauricio Vasquez 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). Vasquez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Vasquez’s response. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41085 Document: 00513956138 Page: 2 Date Filed: 04/18/2017 No. 16-41085 presents no nonfrivolous issue for appellate review. 1 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. The district court did not err by declining to apply a sentencing guidelines range provided by a guidelines amendment that would go into effect more than three months after Vasquez’s sentencing. See 18 U.S.C. § 3553(a)(4)(A) (requiring district courts to consider, except in remanded cases, the sentencing range provided by the guidelines “in effect on the date the defendant is sentenced”); see also United States v. Caro-Alarcon, 420 F. App’x 397, 397-98 (5th Cir. 2011). 1 2

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