United States v. Jose Valdivia-Contreras

Case: 12-40486 Document: 00512146845 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 19, 2013 No. 12-40486 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANTONIO VALDIVIA-CONTRERAS, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:11-CR-910-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jose Antonio Valdivia-Contreras 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). Valdivia-Contreras 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. Accordingly, counsel’s motion for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40486 Document: 00512146845 Page: 2 Date Filed: 02/19/2013 No. 12-40486 leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2