USA v. Magdiel Rebolledo-Mercado, No. 12-40873 (5th Cir. 2013)

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Case: 12-40873 Document: 00512210520 Page: 1 Date Filed: 04/16/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40873 Conference Calendar April 16, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MAGDIEL REBOLLEDO-MERCADO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-314-1 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Magdiel RebolledoMercado 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). Rebolledo-Mercado has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Rebolledo-Mercado 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40873 Document: 00512210520 Page: 2 Date Filed: 04/16/2013 No. 12-40873 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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