United States v. Margarito Garcia-Benitez

Case: 16-20150 Document: 00513804174 Page: 1 Date Filed: 12/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-20150 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 20, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. MARGARITO GARCIA-BENITEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-494-1 Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Margarito Garcia- Benitez 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). Garcia-Benitez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-20150 Document: 00513804174 Page: 2 Date Filed: 12/20/2016 No. 16-20150 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