USA v. Mario Garay-Garay, No. 11-40393 (5th Cir. 2011)

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Case: 11-40393 Document: 00511709631 Page: 1 Date Filed: 12/29/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40393 Summary Calendar December 29, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARIO JEHOBANNY GARAY-GARAY, also known as Santos Tomas Aguilar, also known as Jose De La Cruz-Lopez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-977-1 Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Mario Jehobanny Garay-Garay 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). Garay-Garay has not filed a response. 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40393 Document: 00511709631 Page: 2 Date Filed: 12/29/2011 No. 11-40393 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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