USA v. Mario Baraja

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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