USA v. Ely Delafunte


UNPUBLISHED OPINION FILED. [17-20326 Dismissed as Frivolous] Judge: WED, Judge: EBC, Judge: GJC. Mandate issue date is 01/29/2018 for Appellant Ely Paulin Delafunte; granting Motion to withdraw as counsel filed by Mr. Evan Gray Howze [8573079-2] [17-20326]

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Case: 17-20326 Document: 00514296019 Page: 1 Date Filed: 01/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-20326 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 5, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ELY PAULIN DELAFUNTE, also known as Eli De La Fuente, also known as Eli Dela Fuente, also known as Ely De La Fuente, also known as Antonio H. Gonzales, also known as Eli Paulin, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 4:16-CR-536-1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Ely Paulin Delafunte 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). Delafunte has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20326 Document: 00514296019 Page: 2 Date Filed: 01/05/2018 No. 17-20326 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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