USA v. Imer Rosales-Hernandez, No. 13-40928 (5th Cir. 2014)
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Case: 13-40928 Document: 00512666890 Page: 1 Date Filed: 06/17/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40928 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 17, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. IMER ROSALES-HERNANDEZ, also known as Francisco Fuentes-Rosales, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-91-1 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Imer Rosales-Hernandez 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). Rosales-Hernandez has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Rosales-Hernandez s response. We concur with counsel s assessment that 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40928 Document: 00512666890 Page: 2 Date Filed: 06/17/2014 No. 13-40928 the appeal presents no nonfrivolous issue for appellate review. With respect to Rosales-Hernandez s request to be moved to a prison in California, this court does not have the authority to determine prisoner location. 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
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