USA v. Danis Velasquez-Montoya, No. 12-20696 (5th Cir. 2013)

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Case: 12-20696 Document: 00512347330 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20696 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIS HUMBERTO VELASQUEZ-MONTOYA, also known as Danis Humberto Velasquez, also known as Danis Humberto Valesquez-Montoya, also known as Danis Humberto Velasquez Montoya, also known as Daniz Humberto Velasquez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-204-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Danis Humberto Velasquez-Montoya 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). Velasquez-Montoya has not filed a response. We have reviewed counsel s brief and the relevant portions of the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20696 Document: 00512347330 Page: 2 Date Filed: 08/20/2013 No. 12-20696 record reflected therein. 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, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2