USA v. Fidel Torres-Torres, No. 12-41407 (5th Cir. 2013)

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Case: 12-41407 Document: 00512420119 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41407 Conference Calendar October 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FIDEL TORRES-TORRES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-156-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Fidel Torres-Torres 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). Torres-Torres has not filed a response. He has been released from prison and has no additional term of supervised release or payment of a fine or special assessment. We have reviewed counsel s brief and the relevant portions of the record reflected therein. We concur with counsel s assessment that 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41407 Document: 00512420119 Page: 2 Date Filed: 10/25/2013 No. 12-41407 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007). 2

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