USA v. Atanacio Cruz-Rivera


UNPUBLISHED OPINION FILED. [17-10609 Dismissed as Frivolous] Judge: EGJ, Judge: PRO, Judge: CH. Mandate issue date is 12/14/2017 for Appellant Atanacio Cruz-Rivera; granting motion to withdraw as counsel filed by Mr. Peter Michael Fleury [8579070-2] [17-10609]

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Case: 17-10609 Document: 00514246884 Page: 1 Date Filed: 11/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10609 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 22, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ATANACIO CRUZ-RIVERA, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:16-CR-278-1 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Atanacio CruzRivera 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). Cruz-Rivera 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 nonfrivolous 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10609 Document: 00514246884 Page: 2 Date Filed: 11/22/2017 No. 17-10609 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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