United States v. Rodriguez-Flores

292 F. App'x 357

Opinion

PER CURIAM: *

This court granted counsel’s motion to withdraw and dismissed the appeal of Guillermo Rodriguez-Flores pursuant to An-ders v. California. 1 The Supreme Court vacated and remanded for further consideration in light of Gall v. United States. 2

We have reconsidered this matter in light of Gall. However, nothing in the Supreme Court’s Gall decision requires us to change our prior opinion in this case. 3 Accordingly, we reinstate the prior opinion. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL is DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

1 . 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). United States v. Rodriguez-Flores, 236 Fed.Appx. 138 (2007).

2 . 552 U.S. -, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

3 . See U.S. v. Rodriguez-Rodriguez, 530 F.3d 381, 385-89 (5th Cir.2008).