
    UNITED STATES of America, Plaintiff-Appellee v. Rogelio MONTOYA, Defendant-Appellant.
    No. 12-50040
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 26, 2012.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Jose Montes, Jr., El Paso, TX, for Defendant-Appellant.
    Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.
   PER CURIAM:

The attorney appointed to represent Rogelio Montoya has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Montoya has been released from custody and removed from the United States. He has not filed a response to counsel’s motion. 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 in part as frivolous, see 5th Cir. R. 42.2, and in part as moot. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     