United States v. Jesus DeLuna-Rodriguez , 431 F. App'x 362 ( 2011 )


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  •      Case: 10-20644     Document: 00511529323         Page: 1     Date Filed: 07/05/2011
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    July 5, 2011
    No. 10-20644
    Summary Calendar                        Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    JESUS GILBERTO DELUNA-RODRIGUEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 4:10-CR-33-1
    Before KING, BENAVIDES, and ELROD, Circuit Judges.
    PER CURIAM:*
    The attorney appointed to represent Jesus Gilberto DeLuna-Rodriguez 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). DeLuna-Rodriguez has not filed a response. We have reviewed
    counsel’s brief, counsel’s motion for reconsideration of a previous order denying
    his Anders motion and ordering him to brief a particular issue, and the relevant
    portions of the record reflected therein. We concur with counsel’s assessment
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-20644   Document: 00511529323     Page: 2   Date Filed: 07/05/2011
    No. 10-20644
    that the appeal presents no nonfrivolous issue for appellate review. Accordingly,
    counsel’s motion for leave to file an out-of-time motion for reconsideration is
    GRANTED; his motion for reconsideration also is GRANTED. Our order of May
    16, 2011, in this case is RESCINDED. 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
    

Document Info

Docket Number: 10-20644

Citation Numbers: 431 F. App'x 362

Filed Date: 7/5/2011

Precedential Status: Non-Precedential

Modified Date: 4/18/2021