USA v. Elio Diaz-Diaz


UNPUBLISHED OPINION FILED. [17-40515 Dismissed as Frivolous] Judge: JLW, Judge: JLD, Judge: LHS. Mandate issue date is 01/30/2018 for Appellant Elio Diaz-Diaz; granting Motion to withdraw as counsel filed by Mr. Evan Gray Howze [8567507-2] [17-40515]

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Case: 17-40515 Document: 00514297605 Page: 1 Date Filed: 01/08/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40515 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 8, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ELIO DIAZ-DIAZ, also known as Jose Torres-Torres, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:17-CR-201 Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Elio Diaz-Diaz has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Diaz-Diaz 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 issue for appellate review. Accordingly, counsel’s motion for leave 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40515 Document: 00514297605 Page: 2 Date Filed: 01/08/2018 No. 17-40515 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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