Case: 16-40897 Document: 00513835806 Page: 1 Date Filed: 01/13/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-40897 FILED
Summary Calendar January 13, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOE DAMIEN MAGALLAN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:11-CR-1049-1
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges
PER CURIAM: *
The Federal Public Defender appointed to represent Joe Damien
Magallan 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). Magallan 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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40897 Document: 00513835806 Page: 2 Date Filed: 01/13/2017
No. 16-40897
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
United States v. Joe Magallan
Combined Opinion