United States v. Jose Pena-Perez

Case: 16-40139 Document: 00513722693 Page: 1 Date Filed: 10/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40139 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. JOSE RODRIGO PENA-PEREZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15-CR-1189-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Rodrigo Pena- Perez 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-Perez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Pena-Perez’s response. We concur with counsel’s assessment that the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40139 Document: 00513722693 Page: 2 Date Filed: 10/18/2016 No. 16-40139 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. See 5TH CIR. R. 42.2. 2