United States v. Gaspar Fortuna-Figueroa

Case: 13-10986 Document: 00512658337 Page: 1 Date Filed: 06/10/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-10986 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 10, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. GASPAR FORTUNA-FIGUEROA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:13-CR-32-1 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Gaspar Fortuna- Figueroa 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). Fortuna-Figueroa has not filed a response and has been removed from the United States. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10986 Document: 00512658337 Page: 2 Date Filed: 06/10/2014 No. 13-10986 assessment that the appeal presents no 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). 2