USA v. Mauricio Espinoza-Jimenez


UNPUBLISHED OPINION FILED. [16-51448 Dismissed in part as frivolous and dismissed in part as moot] Judge: WED , Judge: ECP , Judge: GJC Mandate pull date is 10/02/2017 for Appellant Mauricio Espinoza-Jimenez; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [8453036-2] [16-51448]

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Case: 16-51448 Document: 00514150345 Page: 1 Date Filed: 09/11/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51448 Summary Calendar United States Court of Appeals Fif h Circuit FILED September 11, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MAURICIO ESPINOZA-JIMENEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:16-CR-869-1 Before DAVIS, PRADO, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Mauricio EspinozaJimenez 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). Espinoza-Jimenez has not filed a response. 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51448 Document: 00514150345 Page: 2 Date Filed: 09/11/2017 No. 16-51448 nonfrivolous issue for appellate review. See United States v. Pesina-Rodriguez, 825 F.3d 787, 788 (5th Cir. 2016). 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 based on Espinoza-Jimenez’s completion of his term of imprisonment, see United States v. Heredia-Holguin, 823 F.3d 337, 34042 (5th Cir. 2016). 2

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