United States v. Felipe Pena

Case: 15-40064 Document: 00513456078 Page: 1 Date Filed: 04/07/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40064 FILED Summary Calendar April 7, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. FELIPE PENA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-750 Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Felipe Pena has moved for leave to withdraw and has filed briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Pena has filed responses. We have reviewed counsel’s briefs and the relevant portions of the record reflected therein, as well as Pena’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40064 Document: 00513456078 Page: 2 Date Filed: 04/07/2016 No. 15-40064 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. Pena’s pro se motion for the appointment of substitute counsel is DENIED. His motions to seal his pro se responses and attachments are GRANTED. 2