USA v. Jose Huerta

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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