Case: 13-40713 Document: 00512539299 Page: 1 Date Filed: 02/20/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-40713 February 20, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE VILLANUEVA-TORRES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:13-CR-87-2
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Jose Villanueva-Torres 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). Villanueva-Torres 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
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40713 Document: 00512539299 Page: 2 Date Filed: 02/20/2014
No. 13-40713
issue for appellate review. 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.
In light of the magistrate judge’s explanation during the rearraignment
hearing of the exceptions to the appeal waiver and the absence of such
exceptions in Villanueva-Torres’s plea agreement, we pretermit any
determination concerning the validity of the appeal waiver. See United States
v. Robinson, 187 F.3d 516, 517-18 (5th Cir. 1999).
2