USA v. Jose Duarte, No. 15-40107 (5th Cir. 2015)

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Case: 15-40107 Document: 00513308557 Page: 1 Date Filed: 12/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40107 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE OMAR DUARTE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-1592-1 Before JONES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Omar Duarte 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). Duarte has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40107 Document: 00513308557 Page: 2 Date Filed: 12/15/2015 No. 15-40107 concur with counsel’s assessment that the 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. See 5TH CIR. R. 42.2. 2

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