USA v. Hernan Martinez-Viramontes, No. 12-41351 (5th Cir. 2013)

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Case: 12-41351 Document: 00512309340 Page: 1 Date Filed: 07/16/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 16, 2013 No. 12-41351 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HERNAN MARTINEZ-VIRAMONTES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-254-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Hernan MartinezViramontes 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). Martinez-Viramontes 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 12-41351 Document: 00512309340 Page: 2 Date Filed: 07/16/2013 No. 12-41351 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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