United States v. Leandro Gutierrez-Rivera

Case: 11-40098 Document: 00511640368 Page: 1 Date Filed: 10/21/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 21, 2011 No. 11-40098 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LEANDRO GUTIERREZ-RIVERA, also known as Carlos Alejandro Rivera- Perez, also known as Martin Martinez-Carillo, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:10-CR-1528-1 Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Leandro Gutierrez- Rivera 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). Gutierrez-Rivera 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40098 Document: 00511640368 Page: 2 Date Filed: 10/21/2011 No. 11-40098 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