United States v. Leonel Montelongo

Case: 13-50399 Document: 00512598499 Page: 1 Date Filed: 04/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-50399 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. LEONEL MONTELONGO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:12-CR-543-2 Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Leonel Montelongo 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). Montelongo 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-50399 Document: 00512598499 Page: 2 Date Filed: 04/16/2014 No. 13-50399 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