USA v. Daniel Valencia-Gorcochea, No. 11-41007 (5th Cir. 2012)

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Case: 11-41007 Document: 00511892540 Page: 1 Date Filed: 06/19/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41007 Conference Calendar June 19, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIEL VALENCIA-GORCOCHEA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:08-CR-2035-1 Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Daniel ValenciaGorcochea 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). Valencia-Gorcochea has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Valencia-Gorcochea s response. We concur with counsel s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41007 Document: 00511892540 Page: 2 Date Filed: 06/19/2012 No. 11-41007 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. Valencia-Gorcochea s motion for leave to proceed pro se is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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