United States v. Jose Gutierrez-Ibarria

Case: 10-41227 Document: 00511573518 Page: 1 Date Filed: 08/16/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 16, 2011 No. 10-41227 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANGEL GUTIERREZ-IBARRIA, also known as Jose Angel Gutierrez- Ibarra, also known as Jose A. Gutierrez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-730-1 Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Angel Gutierrez- Ibarria (Gutierrez) 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). Gutierrez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-41227 Document: 00511573518 Page: 2 Date Filed: 08/16/2011 No. 10-41227 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. See 5TH CIR. R. 42.2. 2