United States v. Marcelino Rivera-Figueroa

Case: 13-40239 Document: 00512420054 Page: 1 Date Filed: 10/25/2013

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
October 25, 2013
No. 13-40239
Conference Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARCELINO RIVERA-FIGUEROA,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-1663-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Marcelino Rivera-
Figueroa 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). Rivera-Figueroa has filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected therein,
as well as Rivera-Figueroa’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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40239 Document: 00512420054 Page: 2 Date Filed: 10/25/2013

No. 13-40239

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