USA v. Guadalupe Gutierrez, No. 11-20128 (5th Cir. 2012)

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Case: 11-20128 Document: 00511830530 Page: 1 Date Filed: 04/23/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-20128 Summary Calendar April 23, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GUADALUPE OLIVA GUTIERREZ, also known as Guadalupe Oliva, also known as Guadalupe Oliva-Gutierrez, also known as Gaudalupe OlivaGutierrez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CR-678-1 Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* The attorney appointed to represent Guadalupe Oliva 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). Oliva Gutierrez has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein. We concur with * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-20128 Document: 00511830530 Page: 2 Date Filed: 04/23/2012 No. 11-20128 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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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