USA v. Cecilio Barrieta-Barrera, No. 12-40322 (5th Cir. 2012)

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Case: 12-40322 Document: 00512086015 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. 12-40322 Conference Calendar December 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CECILIO GUADALUPE BARRIETA-BARRERA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1608-1 Before DAVIS, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Cecilio Guadalupe Barrieta-Barrera (Barrieta) 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). Barrieta 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 for appellate review. Accordingly, counsel s motion for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40322 Document: 00512086015 Page: 2 Date Filed: 12/17/2012 No. 12-40322 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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