USA v. Manuel Guardiola

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UNPUBLISHED OPINION FILED. [16-50264 Dismissed as Frivolous] Judge: WED, Judge: LHS, Judge: SAH. Mandate pull date is 06/27/2017; granting motion to withdraw as counsel filed by Ms. Kristin L. Davidson [8247526-2] [16-50264]

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Case: 16-50264 Document: 00514021940 Page: 1 Date Filed: 06/06/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-50264 Summary Calendar FILED June 6, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MANUEL GUARDIOLA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:02-CR-92-6 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Manuel Guardiola 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). Guardiola has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Guardiola’s response. We concur with counsel’s assessment that the appeal 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50264 Document: 00514021940 Page: 2 Date Filed: 06/06/2017 No. 16-50264 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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