United States v. Lazaro Delgado-Damian

Case: 13-40107 Document: 00512387558 Page: 1 Date Filed: 09/26/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED September 26, 2013 No. 13-40107 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LAZARO DELGADO-DAMIAN, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-311-1 Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Lazaro Delgado- Damian 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). Delgado-Damian has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Delgado-Damian’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40107 Document: 00512387558 Page: 2 Date Filed: 09/26/2013 No. 13-40107 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