USA v. Otoniel Guzman-Abrego


UNPUBLISHED OPINION FILED. [16-50241 Dismissed as Frivolous] Judge: CDK, Judge: CH, Judge: JEG. Mandate pull date is 05/09/2017; granting motion to withdraw as counsel filed by Ms. Kristin L. Davidson [8259638-2] [16-50241]

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Case: 16-50241 Document: 00513956481 Page: 1 Date Filed: 04/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-50241 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. OTONIEL GUZMAN-ABREGO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-831-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Otoniel GuzmanAbrego 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). Guzman-Abrego has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Guzman-Abrego’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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50241 Document: 00513956481 Page: 2 Date Filed: 04/18/2017 No. 16-50241 assessment that the 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; United States v. Carey, 496 F. App’x 405, 407 (5th Cir. 2012). 2

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