USA v. Marcos Montalvo, No. 13-40012 (5th Cir. 2013)

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Case: 13-40012 Document: 00512347804 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40012 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCOS IBARRA MONTALVO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-336-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Marcos Ibarra Montalvo (Ibarra) 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). Ibarra 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 leave to withdraw * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40012 Document: 00512347804 Page: 2 Date Filed: 08/20/2013 No. 13-40012 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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