USA v. Jose Huerta


UNPUBLISHED OPINION FILED. [17-10242 Dismissed as Frivolous ] Judge: WED , Judge: EBC , Judge: GJC Mandate issue date is 01/31/2018 for Appellant Jose Alberto Huerta; denying Motion to dismiss appeal pursuant to Fed. R. App. P. 42 filed by Appellant Mr. Jose Alberto Huerta [8578602-2]; granting Motion to withdraw as counsel filed by Mr. Preston Lee Jones [8526156-2] [17-10242]

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Case: 17-10242 Document: 00514301138 Page: 1 Date Filed: 01/09/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10242 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 9, 2018 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE ALBERTO HUERTA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-118-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jose Alberto Huerta on appeal 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). Huerta has filed a response requesting the voluntary dismissal of the appeal. Because he did not sign the motion, his request is DENIED. See FED. R. APP. P. 32(d). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10242 Document: 00514301138 Page: 2 Date Filed: 01/09/2018 No. 17-10242 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. See 5TH CIR. R. 42.2. 2

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