United States v. Nicolas Benitez-Torres

Case: 16-41036 Document: 00513908322 Page: 1 Date Filed: 03/13/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 16-41036 FILED Summary Calendar March 13, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NICOLAS BENITEZ-TORRES Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-398-1 Before JONES, WIENER, and CLEMENT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Nicolas Benitez-Torres 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). Benitez-Torres has filed a response. We have reviewed counsel’s brief, Benitez-Torres’ response, and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41036 Document: 00513908322 Page: 2 Date Filed: 03/13/2017 No. 16-41036 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