USA v. Rafael Zamora-Torres, No. 15-40509 (5th Cir. 2016)

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Case: 15-40509 Document: 00513540566 Page: 1 Date Filed: 06/09/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40509 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 9, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAFAEL ZAMORA-TORRES, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:12-CR-215-1 Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Rafael Zamora-Torres 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). Zamora has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Zamora’s response. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40509 Document: 00513540566 Page: 2 Date Filed: 06/09/2016 No. 15-40509 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. Zamora’s untimely motion to appoint new counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902–03 (5th Cir. 1998). 2