USA v. Adam Vargas, No. 18-40207 (5th Cir. 2018)

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Case: 18-40207 Document: 00514705253 Page: 1 Date Filed: 10/31/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-40207 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 31, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ADAM VARGAS, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 3:15-CR-23-1 Before KING, ELROD, and WILLETT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Adam Vargas moved for leave to withdraw and 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). Vargas did not file a response. We previously carried counsel’s motion with the case and ordered that counsel file a supplemental Anders brief addressing certain issues or, alternatively, a brief on the merits addressing any 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40207 Document: 00514705253 Page: 2 Date Filed: 10/31/2018 No. 18-40207 nonfrivolous issues that counsel deemed appropriate. Counsel has filed a motion for reconsideration of that order. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for reconsideration of our prior order is GRANTED, and our prior order requesting more briefing is VACATED; counsel’s motion 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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