USA v. David Diaz

Filing

UNPUBLISHED OPINION FILED. [16-50263 Dismissed as Frivolous] Judge: EGJ , Judge: PEH , Judge: JWE. Mandate pull date is 09/08/2017 for Appellant David Aaron Diaz; granting motion to withdraw as counsel filed by Mr. Ray Ray Velarde [8274485-2] [16-50263]

Case: 16-50263

Document: 00514122856

Page: 1

Date Filed: 08/18/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-50263
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 18, 2017

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
DAVID AARON DIAZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:15-CR-708-1
Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent David Aaron Diaz has moved for
leave to withdraw and has filed briefs in accordance with Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Diaz has not filed a response. We have reviewed counsel’s briefs and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-50263

Document: 00514122856

Page: 2

Date Filed: 08/18/2017

No. 16-50263
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.

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