USA v. Aurelio Monte


UNPUBLISHED OPINION FILED. [17-50268 Dismissed as Frivolous 17-50269 Dismissed as Frivolous] Judge: CDK , Judge: PRO , Judge: SAH. Mandate issue date is 11/15/2017 for Appellants Aurelio Olmedo Montes and Aurelio Olmedo-Montes; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [8511760-2] [17-50268, 17-50269]

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Case: 17-50268 Document: 00514208268 Page: 1 Date Filed: 10/24/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-50268 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 24, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. AURELIO OLMEDO MONTES, Defendant-Appellant Cons. w/ No. 17-50269 UNITED STATES OF AMERICA, Plaintiff-Appellee v. AURELIO OLMEDO-MONTES, also known as Lelo Montes, also known as Juan Monteroz-Montez, also known as Adrian Montez, also known as Adrian Montes, also known as Adrian Montes-McCrary, also known as Aurelio Olemedo Montes, also known as Lelo Montez, also known as Lelo OlmedoMontes, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 1:17-CR-121-1 USDC No. 1:17-CR-4-1 Case: 17-50268 Document: 00514208268 Page: 2 Date Filed: 10/24/2017 No. 17-50268 c/w No. 17-50269 Before KING, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Aurelio Olmedo Montes 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). Olmedo Montes 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 appeals present 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 APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * 2

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