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United States v. Raul Cesario-Mendo
692 F. App'x 204
5th Cir.
2017
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Docket

*1 Before KING, DENNIS, and COSTA, Circuit Judges.

PER CURIAM: [*]

The attorney appointed to represent Raul Cesario-Mendo 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). Cesario-Mendo 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. *2 Case: 16-40761 Document: 00514059456 Page: 2 Date Filed: 07/05/2017

No. 16-40761

Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2. In light of the nonreversible error in describing the offense as a marijuana offense, the judgment of the district court is REFORMED to show that Cesario-Mendo was convicted and sentenced for possession of five kilograms or more of cocaine with intent to distribute. See, e.g., United States v. Mondragon-Santiago , 564 F.3d 357, 369 (5th Cir. 2009).

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Raul Cesario-Mendo
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jul 5, 2017
Citation: 692 F. App'x 204
Docket Number: 16-40761 Summary Calendar
Court Abbreviation: 5th Cir.
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