USA v. Nicolas Gaona, No. 13-50243 (5th Cir. 2013)

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The court issued a subsequent related opinion or order on January 20, 2014.

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Case: 13-50243 Document: 00512473897 Page: 1 Date Filed: 12/17/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-50243 Conference Calendar December 17, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NICOLAS GUERRERO GAONA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:12-CR-878-1 Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Nicolas Guerrero Gaona 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). Guerrero Gaona has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Guerrero Gaona 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-50243 Document: 00512473897 Page: 2 Date Filed: 12/17/2013 No. 13-50243 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