USA v. Mauricio Espinoza-Jimenez

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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