United States v. Epifanio Nino

Case: 11-20837 Document: 00512085451 Page: 1 Date Filed: 12/17/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 17, 2012 No. 11-20837 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EPIFANIO NINO NINO, also known as Epifanio Nino, also known as Epifanio Nino Nino Nino, also known as Pual Romero, also known as Epifanio Nino-Nino, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-434-1 Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Epifanio Nino Nino 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). Nino has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Nino’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20837 Document: 00512085451 Page: 2 Date Filed: 12/17/2012 No. 11-20837 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