United States v. Othoniel Pena-Trevino

Case: 15-41263 Document: 00513556548 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-41263 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. OTHONIEL PENA-TREVINO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-243-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Othoniel Pena- Trevino 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). Pena-Trevino 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-41263 Document: 00513556548 Page: 2 Date Filed: 06/21/2016 No. 15-41263 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. 2