United States v. Jose Montoya

Case: 12-40387 Document: 00512466944 Page: 1 Date Filed: 12/10/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 12-40387 December 10, 2013
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE MONTOYA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:11-CR-920-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
The retained counsel representing Jose Montoya has moved for leave to
withdraw and has filed a brief and a supplemental brief in accordance with
Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d
229 (5th Cir. 2011). Montoya has not filed a response. We have reviewed
counsel’s brief and supplemental brief and the relevant portions of the record
reflected therein. We concur with counsel’s assessment that the appeal
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 12-40387 Document: 00512466944 Page: 2 Date Filed: 12/10/2013
No. 12-40387
presents no 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.
2