USA v. Nabor Cruz-Perez

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UNPUBLISHED OPINION FILED. [16-41563 Dismissed as Frivolous] Judge: TMR , Judge: PRO , Judge: JWE Mandate pull date is 07/12/2017 for Appellant Nabor Cruz-Perez; granting motion to withdraw as counsel filed by Ms. Kathryn Shephard [8422632-2] [16-41563]

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Case: 16-41563 Document: 00514043301 Page: 1 Date Filed: 06/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41563 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. NABOR CRUZ-PEREZ, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-1401-1 Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Nabor Cruz-Perez 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). Cruz-Perez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cruz-Perez’s response. We concur with counsel’s assessment that the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41563 Document: 00514043301 Page: 2 Date Filed: 06/21/2017 No. 16-41563 appeal presents no 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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