USA v. Mario Gutierrez, No. 11-20113 (5th Cir. 2011)

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Case: 11-20113 Document: 00511682321 Page: 1 Date Filed: 12/01/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20113 Summary Calendar December 1, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO MORA GUTIERREZ, also known as Gilberto G. Mora, also known as Gregorio Lopez Mora, also known as Gilberto Gutierrez Mora, also known as Mario Gutierrez Mora, also known as Mario G. Mora, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-651-1 Before HIGGINBOTHAM, DAVIS and ELROD, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Mario Mora Gutierrez 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). Mora Gutierrez has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Mora * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20113 Document: 00511682321 Page: 2 Date Filed: 12/01/2011 No. 11-20113 Gutierrez s response. We 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, Mora Gutierrez s request for the appointment of new counsel is DENIED, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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