United States v. Jose Gaytan-Hernandez
Appeal Court of Appeals for the Fifth Circuit, Case No. 12-10927

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Case: 12-10927 Document: 00512277714 Page: 1 Date Filed: 06/18/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 18, 2013
No. 12-10927
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v. JOSE GUADALUPE GAYTAN-HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court for the Northern District of Texas
USDC No. 5:12-CR-35-1
Before JONES, OWEN, and GRAVES, Circuit Judges. PER CURIAM:*

The Federal Public Defender appointed to represent Jose Guadalupe Gaytan-Hernandez 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). Gaytan-Hernandez has not filed a response and has been removed from the United States. 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 nonfrivolous issue for appellate

*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10927 Document: 00512277714 Page: 2 Date Filed: 06/18/2013
No. 12-10927
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 United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).

[End Page 2]

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