United States v. Rene Gomez

Case: 11-11083 Document: 00512085419 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. 11-11083 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RENE ALEXANDER GOMEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-108-1 Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Rene Alexander Gomez 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). Gomez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Gomez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-11083 Document: 00512085419 Page: 2 Date Filed: 12/17/2012 No. 11-11083 to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Gomez’s request for appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir.1998). 2