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United States v. Otilio Denova-Avila, 18-40781 (2019)

Court: Court of Appeals for the Fifth Circuit Number: 18-40781 Visitors: 13
Filed: Apr. 05, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-40781 Document: 00514904143 Page: 1 Date Filed: 04/05/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-40781 FILED Conference Calendar April 5, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OTILIO DENOVA-AVILA, also known as Juan Castillo-Avilar, also known as Porky Garcia, also known as Denova Avila-Otilio, also known as Leo Denova, also known as Leobardo Avila Denova, also known as Otilio De
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     Case: 18-40781      Document: 00514904143         Page: 1    Date Filed: 04/05/2019




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                      United States Court of Appeals
                                                                               Fifth Circuit

                                    No. 18-40781                             FILED
                                 Conference Calendar                      April 5, 2019
                                                                        Lyle W. Cayce
                                                                             Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

OTILIO DENOVA-AVILA, also known as Juan Castillo-Avilar, also known as
Porky Garcia, also known as Denova Avila-Otilio, also known as Leo Denova,
also known as Leobardo Avila Denova, also known as Otilio Denova, also
known as Otilio Avila Deouva, also known as XX Sharkie, also known as Juan
Avila Castillo,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 1:18-CR-284-1


Before DAVIS, JONES, and DUNCAN, Circuit Judges.

PER CURIAM: *
       The Federal Public Defender appointed to represent Otilio Denova-Avila
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


       * 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.
    Case: 18-40781    Document: 00514904143    Page: 2   Date Filed: 04/05/2019


                                No. 18-40781

229 (5th Cir. 2011). Denova-Avila 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.




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Source:  CourtListener

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