USA v. Juan Gracia-Montelongo, No. 12-40603 (5th Cir. 2013)

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Case: 12-40603 Document: 00512146930 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40603 c/w No. 12-40604 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANTONIO GRACIA-MONTELONGO, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-226-1 USDC No. 1:11-CR-945-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Juan Antonio GraciaMontelongo 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). Gracia-Montelongo has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40603 Document: 00512146930 Page: 2 Date Filed: 02/19/2013 No. 12-40603 c/w No. 12-40604 We concur with counsel s assessment that the appeals present 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 APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2. 2

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