U.S. v. GUTIERREZ-IBARRIA, 10-41227 (5th Cir. 8-16-2011)

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ANGEL GUTIERREZ-IBARRIA, also known as Jose Angel Gutierrez-Ibarra, also known as Jose A. Gutierrez, Defendant-Appellant.

No. 10-41227 Conference Calendar.United States Court of Appeals, Fifth Circuit.
August 16, 2011.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CR-730-1.

Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges.

PER CURIAM:[*]

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

The Federal Public Defender appointed to represent Jose Angel Gutierrez-Ibarria (Gutierrez) 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). Gutierrez has not filed a response. 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

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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.

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