Summary
upholding the enhancement where the defendant, while carrying nine people in the bed of a pickup truck, led police on a high-speed chase on the highway before entering a residential neighborhood, "making two turns in rapid succession at a high rate of speed and running a stop sign"
Summary of this case from United States v. LackeyOpinion
No. 12-40237
10-16-2012
UNITED STATES OF AMERICA, Plaintiff-Appellee v. IRYS DENIESSE NINO, Defendant-Appellant
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:11-CR-641-2
Before HIGGINBOTHAM, SMITH, and HAYNES, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 attorney appointed to represent Irys Deniesse Nino 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). Nino 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.