USA v. Mario Baraja


UNPUBLISHED OPINION FILED. [16-41457 Dismissed as Frivolous] Judge: EGJ, Judge: PEH, Judge: JWE. Mandate pull date is 09/11/2017 for Appellant Mario Barajas; denying motion to vacate sentence filed by Appellant Mr. Mario Barajas [8462197-3]; denying motion to remand case filed by Appellant Mr. Mario Barajas [8462197-4]; granting motion to withdraw as counsel filed by Mr. Seth Kretzer [8407882-2] [16-41457]

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Case: 16-41457 Document: 00514123982 Page: 1 Date Filed: 08/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41457 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 21, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO BARAJAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-236-1 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Mario Barajas 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). Barajas has filed a response. We have reviewed counsel’s brief and the relevant parts of the record reflected therein, as well as Barajas’s response. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41457 Document: 00514123982 Page: 2 Date Filed: 08/21/2017 No. 16-41457 issue for appellate review. Accordingly, Barajas’s motions to vacate his sentence and remand the case to the district court, incorporated in his response, are DENIED; 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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