United States v. Mario Avila

Case: 12-50822 Document: 00512539669 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 12-50822 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. MARIO AVILA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:10-CR-1205-7 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Mario Avila 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). Avila 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50822 Document: 00512539669 Page: 2 Date Filed: 02/21/2014 No. 12-50822 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