United States v. Daniel Alva-Baena
Opinion
The attorney appointed to represent Daniel Alva-Baena 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). Alva-Baena, who has completed his sentence of imprisonment, 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 in part as frivolous and in part as moot; See 5th CIR. R. 42.2; United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83 (5th Cir. 2007).
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Daniel ALVA-BAENA, Also Known as Daniel Alva-Bahena, Defendant-Appellant
- Status
- Unpublished