USA v. Rogelio Cervantes-Del Toro, No. 11-50469 (5th Cir. 2012)
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Case: 11-50469 Document: 00512085695 Page: 1 Date Filed: 12/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50469 Conference Calendar December 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ROGELIO CERVANTES-DEL TORO, also known as Marcelo Miranda-Cantu, also known as Marcelo Aranda-Cantu, also known as Jose Acuna, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:10-CR-581-1 Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The attorney appointed to represent Rogelio Cervantes-Del Toro 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). Cervantes-Del Toro 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 issue * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50469 Document: 00512085695 Page: 2 Date Filed: 12/17/2012 No. 11-50469 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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