USA v. Jesus DeLuna-Rodriguez, No. 10-20644 (5th Cir. 2011)

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Case: 10-20644 Document: 00511529323 Page: 1 Date Filed: 07/05/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-20644 Summary Calendar July 5, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS GILBERTO DELUNA-RODRIGUEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-33-1 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jesus Gilberto DeLuna-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). DeLuna-Rodriguez has not filed a response. We have reviewed counsel s brief, counsel s motion for reconsideration of a previous order denying his Anders motion and ordering him to brief a particular issue, and the relevant portions of the record reflected therein. We concur with counsel s assessment * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-20644 Document: 00511529323 Page: 2 Date Filed: 07/05/2011 No. 10-20644 that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel s motion for leave to file an out-of-time motion for reconsideration is GRANTED; his motion for reconsideration also is GRANTED. Our order of May 16, 2011, in this case is RESCINDED. 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

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