USA v. Rogelio Montoya, No. 12-50040 (5th Cir. 2012)

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Case: 12-50040 Document: 00512034529 Page: 1 Date Filed: 10/26/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50040 Summary Calendar October 26, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROGELIO MONTOYA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-1506-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Rogelio Montoya 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). Montoya has been released from custody and removed from the United States. He has not filed a response to counsel s motion. 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50040 Document: 00512034529 Page: 2 Date Filed: 10/26/2012 No. 12-50040 review. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot. 2

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