Summary
In United States v. Moreno, 460 F. App'x 317, 321 (5th Cir. 2012), we distinguished Reyes-Maya's determination that a Texas conviction for criminal mischief was similar to the offense of disorderly conduct under § 4A1.2(c)(1).
Summary of this case from United States v. AlemanOpinion
No. 11-40832
06-19-2012
UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER MORENO-SOSA, Defendant-Appellant
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:11-CR-353-1
Before DAVIS, STEWART, and PRADO, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
The Federal Public Defender appointed to represent Javier Moreno-Sosa 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). Moreno-Sosa 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.