USA v. Rafael Moreno-Martinez, No. 17-20719 (5th Cir. 2019)

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Case: 17-20719 Document: 00514825719 Page: 1 Date Filed: 02/06/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-20719 Conference Calendar FILED February 6, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus RAFAEL MORENO-MARTINEZ, Defendant−Appellant. Appeal from the United States District Court for the Southern District of Texas No. 4:17-CR-273-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Rafael Moreno-Martinez has moved 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20719 Document: 00514825719 Page: 2 Date Filed: 02/06/2019 No. 17-20719 for leave to withdraw and has filed briefs per Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). MorenoMartinez has not filed a response. We have reviewed counsel’s briefs and the relevant portions of the record. Based on that review and our own independent assessment of the record, we concur with counsel’s conclusion that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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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