United States v. Ricardo Torres

Case: 12-50926 Document: 00512373252 Page: 1 Date Filed: 09/13/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 13, 2013 No. 12-50926 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RICARDO TORRES, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:12-CR-704-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Ricardo Torres 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). Torres has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Torres’s response. 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50926 Document: 00512373252 Page: 2 Date Filed: 09/13/2013 No. 12-50926 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Torres’s pro se motion to dismiss the appeal without prejudice is DENIED as moot. 2