United States v. Nuncio

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-40552
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RUDOLFO NUNCIO, JR.,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-917-1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM:
*

The Federal Public Defender appointed to represent Rudolfo Nuncio, Jr.,
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). Nuncio 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

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 11, 2020

Lyle W. Cayce
Clerk
Case: 19-40552 Document: 00515306729 Page: 1 Date Filed: 02/11/2020

No. 19-40552
2
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 5
TH CIR. R. 42.2.
Case: 19-40552 Document: 00515306729 Page: 2 Date Filed: 02/11/2020