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,

(1967), and United States v. Flores,

(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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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