United States v. Imer Rosales-Hernandez ( 2014 )

Case: 13-40928 Document: 00512666890 Page: 1 Date Filed: 06/17/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40928
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 17, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
IMER ROSALES-HERNANDEZ, also known as Francisco Fuentes-Rosales,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-91-1
Before KING, HAYNES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Imer Rosales-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). Rosales-Hernandez has filed a response. We have reviewed
counsel’s brief and the relevant portions of the record reflected therein, as well
as Rosales-Hernandez’s response. We concur with counsel’s assessment that
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40928 Document: 00512666890 Page: 2 Date Filed: 06/17/2014
No. 13-40928
the appeal presents no nonfrivolous issue for appellate review. With respect
to Rosales-Hernandez’s request to be moved to a prison in California, this court
does not have the authority to determine prisoner location. 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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