United States v. Ivan Rivas

Case: 13-50390 Document: 00512535831 Page: 1 Date Filed: 02/18/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-50390 FILED Summary Calendar February 18, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. IVAN DANIEL RIVAS, Defendant–Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 2:12-CR-1389-1 Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Ivan Daniel Rivas 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). Rivas has 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-50390 Document: 00512535831 Page: 2 Date Filed: 02/18/2014 No. 13-50390 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. Rivas’s motion for appointment of counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2