USA v. Tomas Aquino-Pacheco, No. 17-40962 (5th Cir. 2018)
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Case: 17-40962 Document: 00514432997 Page: 1 Date Filed: 04/17/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40962 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 17, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. TOMAS AQUINO-PACHECO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:17-CR-624-1 Before DAVIS, HAYNES, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Tomas AquinoPacheco 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). Aquino-Pacheco has filed a motion for leave to file an out-of-time Anders response and a motion for leave to file a supplemental response, both of which we GRANT. We have reviewed counsel’s brief and the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40962 Document: 00514432997 Page: 2 Date Filed: 04/17/2018 No. 17-40962 relevant portions of the record reflected therein, as well as Aquino-Pacheco’s responses. We 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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