USA v. Francisco Rivera, No. 12-20076 (5th Cir. 2013)

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Case: 12-20076 Document: 00512146642 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20076 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO SANTIBANEZ RIVERA, also known as Francisco Hernandez Santivanez, also known as Francisco Santibanez-Rivera, also known as Francisco Rivera Santibanez, also known as Francisco Hernandez Santibanez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CR-600-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Francisco Santibanez Rivera (Santibanez) 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). Santibanez has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein. We * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20076 Document: 00512146642 Page: 2 Date Filed: 02/19/2013 No. 12-20076 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, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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