United States v. Jose Torres-Ojeda

U.S. Court of Appeals for the Fifth Circuit
United States v. Jose Torres-Ojeda, 460 F. App'x 349 (5th Cir. 2012)

United States v. Jose Torres-Ojeda

Opinion

PER CURIAM: *

The attorney appointed to represent Jose Torres-Ojeda has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Torres-Ojeda 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 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.

In his amended brief, counsel requested that Torres-Ojeda be given additional time to respond to the statements in that brief. Torres-Ojeda took no action and filed nothing after counsel filed his original An-ders brief. In the intervening time between the amended brief and this order, he has similarly failed to file anything. Accordingly, we conclude that Torres-Oje-da has had sufficient time to file something if we wished to do so; the motion for additional time is DENIED as moot.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Jose Manuel TORRES-OJEDA, Defendant-Appellant
Status
Unpublished