United States v. Manuel Rojas-Luviano

Case: 12-20462 Document: 00512419763 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. 12-20462 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MANUEL ROJAS-LUVIANO, also known as Manuel Luviano Rojas, also known as Manuel Rojas Luviano, also known as Manuel Luviano-Rojas, also known as Manuel Rojas, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-79-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Manuel Rojas-Luviano 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). Rojas-Luviano has not filed a response and has been removed from the United States. We have reviewed counsel’s brief and the relevant portions of the record * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20462 Document: 00512419763 Page: 2 Date Filed: 10/25/2013 No. 12-20462 reflected therein. 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 GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). 2