USA v. Francisco Millan-Madrid


UNPUBLISHED OPINION FILED. [17-10116 Dismissed as Frivolous] Judge: PEH, Judge: EHJ, Judge: JES. Mandate pull date is 10/05/2017 for Appellant Francisco Millan-Madrid; granting motion to withdraw as counsel filed by Mr. James Patrick Whalen [8488685-2] [17-10116]

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Case: 17-10116 Document: 00514156176 Page: 1 Date Filed: 09/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10116 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 14, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus FRANCISCO MILLAN-MADRID, Defendant−Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-307-5 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: * The attorney appointed to represent Francisco Millan-Madrid has moved 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10116 Document: 00514156176 Page: 2 Date Filed: 09/14/2017 No. 17-10116 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). Millan-Madrid has not filed a response. We have reviewed counsel’s brief and relevant portions of the record. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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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