USA v. Eliupter Arzate, No. 14-40082 (5th Cir. 2014)

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Case: 14-40082 Document: 00512871193 Page: 1 Date Filed: 12/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40082 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 16, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ELIUPTER ARZATE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:13-CR-808-1 Before KING, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Eliupter Arzate 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). Arzate has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Arzate’s response. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40082 Document: 00512871193 Page: 2 Date Filed: 12/16/2014 No. 14-40082 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. Arzate’s request for appointment of new counsel is DENIED. See 5TH CIR. R. 42.2. 2

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