USA v. Ignacio Rodriguez-Cepeda


UNPUBLISHED OPINION FILED. [16-41244 Dismissed as Frivolous] Judge: CDK, Judge: CH, Judge: JEG. Mandate pull date is 05/09/2017 for Appellant Ignacio Rodriguez-Cepeda; denying motion to appoint counsel filed by Appellant Mr. Ignacio Rodriguez-Cepeda [8411207-3]; granting motion to withdraw as counsel filed by Mr. H. Michael Sokolow [8381717-2] [16-41244]

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Case: 16-41244 Document: 00513956430 Page: 1 Date Filed: 04/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41244 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. IGNACIO RODRIGUEZ-CEPEDA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:08-CR-1099-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Ignacio RodriguezCepeda 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). Rodriguez-Cepeda has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Rodriguez-Cepeda’s response. We concur with counsel’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41244 Document: 00513956430 Page: 2 Date Filed: 04/18/2017 No. 16-41244 assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, RodriguezCepeda’s motion for the appointment of counsel is DENIED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2; United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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