United States v. Javier Moya

Case: 12-50766 Document: 00512206963 Page: 1 Date Filed: 04/12/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 12, 2013 No. 12-50766 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER CABRERA MOYA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:11-CR-406-1 Before KING, CLEMENT, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Javier Cabrera Moya 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). Cabrera Moya 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 leave to withdraw is GRANTED, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50766 Document: 00512206963 Page: 2 Date Filed: 04/12/2013 No. 12-50766 counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2