USA v. Javier Cuevas-Martinez, No. 12-41018 (5th Cir. 2013)

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Case: 12-41018 Document: 00512278292 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41018 Conference Calendar June 18, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER ALBERTO CUEVAS-MARTINEZ, true name Juan Alberto VillalobosMartinez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-341-1 Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Javier Alberto Cuevas-Martinez 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). Cuevas-Martinez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41018 Document: 00512278292 Page: 2 Date Filed: 06/18/2013 No. 12-41018 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