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
June 18, 2013
Conference Calendar Lyle W. Cayce
UNITED STATES OF AMERICA,
JOSE GUADALUPE GAYTAN-HERNANDEZ,
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.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Case: 12-10927 Document: 00512277714 Page: 2 Date Filed: 06/18/2013
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).
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