United States v. Felipe Rodriguez-Aranda

Case: 12-40025 Document: 00512095716 Page: 1 Date Filed: 12/27/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 27, 2012 No. 12-40025 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FELIPE RODRIGUEZ-ARANDA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:11-CR-969-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Felipe Rodriguez-Aranda (Rodriguez) 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). Rodriguez 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 issue for appellate review. We further note that to the extent * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40025 Document: 00512095716 Page: 2 Date Filed: 12/27/2012 No. 12-40025 that counsel might argue for the first time on appeal that the district court departed from the recommendation in U.S.S.G. § 5D1.1(c) when it imposed a three-year term of supervised release, such argument would be foreclosed under this court’s recent opinion in United States v. Dominguez-Alvarado, 695 F.3d 324, 329-30 (5th Cir. 2012 (5th Cir. 2012). 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