United States v. Eberth Castaneda-Benitez

Case: 16-50450 Document: 00513883141 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-50450 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. EBERTH CASTANEDA-BENITEZ, also known as Everth Castaneda-Benitez, also known as Ebirth Castaneda-Benitez, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:15-CR-182-2 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Eberth Castaneda-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). Castaneda-Benitez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50450 Document: 00513883141 Page: 2 Date Filed: 02/21/2017 No. 16-50450 concur with counsel’s assessment that the 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