USA v. Francisco Facundo-Zavala, No. 15-11220 (5th Cir. 2016)

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Case: 15-11220 Document: 00513774346 Page: 1 Date Filed: 11/28/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-11220 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 28, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FRANCISCO FACUNDO-ZAVALA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-96-1 Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Francisco FacundoZavala 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). Facundo-Zavala 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-11220 Document: 00513774346 Page: 2 Date Filed: 11/28/2016 No. 15-11220 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, e.g., United States v. Prieto, 801 F.3d 547, 549 n.1 (5th Cir. 2015). 2