United States v. Gilberto Zapata-Oritz

Case: 12-51242 Document: 00512419445 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. 12-51242 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GILBERTO ZAPATA-ORTIZ, also known as Gilberto Zapata Ortiz, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 6:12-CR-197-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Gilberto Zapata-Ortiz 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). Zapata-Ortiz 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 appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-51242 Document: 00512419445 Page: 2 Date Filed: 10/25/2013 No. 12-51242 excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2