United States v. Cristobal Cervantes

Case: 13-40771 Document: 00512756781 Page: 1 Date Filed: 09/04/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-40771 FILED Summary Calendar September 4, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CRISTOBAL CERVANTES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:11-CR-425-2 Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The attorney appointed to represent Cristobal Cervantes 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). Cervantes has filed a response and has requested appointment of new counsel. His motions for appointment of new counsel are DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40771 Document: 00512756781 Page: 2 Date Filed: 09/04/2014 No. 13-40771 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Cervantes’s response. We concur with counsel’s 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. See 5TH CIR. R. 42.2. 2