USA v. Fernando Vargas-Fuente

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UNPUBLISHED OPINION FILED. [16-41190 Dismissed as Frivolous] Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 03/27/2017 for Appellant Fernando Vargas-Fuentes; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [8359916-2] [16-41190]

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Case: 16-41190 Document: 00513897845 Page: 1 Date Filed: 03/06/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41190 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 6, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FERNANDO VARGAS-FUENTES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CR-324-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Fernando VargasFuentes 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). Vargas-Fuentes 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41190 Document: 00513897845 Page: 2 Date Filed: 03/06/2017 No. 16-41190 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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