USA v. Abraham Negrete-Perez

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UNPUBLISHED OPINION FILED. [16-51324 Dismissed in Part as Frivolous and In Part as Moot] Judge: EGJ, Judge: PEH, Judge: JWE. Mandate pull date is 09/08/2017 for Appellant Abraham Negrete-Perez; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [8447535-2] [16-51324]

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Case: 16-51324 Document: 00514122148 Page: 1 Date Filed: 08/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51324 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ABRAHAM NEGRETE-PEREZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:10-CR-1853-1 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Abraham NegretePerez 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). Negrete-Perez has not filed a response. Although NegretePerez remains subject to a term of supervised release, he has completed the term of imprisonment imposed upon the revocation of his supervised release. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51324 Document: 00514122148 Page: 2 Date Filed: 08/18/2017 No. 16-51324 We have reviewed counsel’s brief 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. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). 2

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