United States v. Acdias De La Cruz-Olan

Case: 13-11150 Document: 00512871046 Page: 1 Date Filed: 12/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-11150 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 16, 2014 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ACDIAS DE LA CRUZ-OLAN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:13-CR-20-1 Before KING, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Acdias De La Cruz- Olan 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). De La Cruz-Olan 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-11150 Document: 00512871046 Page: 2 Date Filed: 12/16/2014 No. 13-11150 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