United States v. Juan Gracia-Montelongo

Case: 12-40603 Document: 00512146930 Page: 1 Date Filed: 02/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 19, 2013
No. 12-40603
c/w No. 12-40604 Lyle W. Cayce
Conference Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN ANTONIO GRACIA-MONTELONGO,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 1:09-CR-226-1
USDC No. 1:11-CR-945-1
Before KING, CLEMENT, and HAYNES, Circuit Judges.
PER CURIAM:*
The Federal Public Defender appointed to represent Juan Antonio Gracia-
Montelongo 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). Gracia-Montelongo has not filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected therein.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40603 Document: 00512146930 Page: 2 Date Filed: 02/19/2013
No. 12-40603
c/w No. 12-40604
We concur with counsel’s assessment that the appeals present 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
APPEALS ARE DISMISSED. See 5TH CIR. R. 42.2.
2