Case: 13-40713      Document: 00512539299         Page: 1    Date Filed: 02/20/2014




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT
                                                                        United States Court of Appeals
                                                                                 Fifth Circuit

                                                                               FILED
                                    No. 13-40713                        February 20, 2014
                                  Summary Calendar
                                                                          Lyle W. Cayce
                                                                               Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

JOSE VILLANUEVA-TORRES,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 1:13-CR-87-2


Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Jose Villanueva-Torres has moved
for leave to withdraw and has filed a brief in accordance with Anders v.
California, 

(1967), and United States v. Flores, 

(5th
Cir. 2011). Villanueva-Torres 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 nonfrivolous


       * 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40713    Document: 00512539299    Page: 2   Date Filed: 02/20/2014


                                No. 13-40713

issue for appellate review.    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.
      In light of the magistrate judge’s explanation during the rearraignment
hearing of the exceptions to the appeal waiver and the absence of such
exceptions in Villanueva-Torres’s plea agreement, we pretermit any
determination concerning the validity of the appeal waiver. See United States
v. Robinson, 

, 517-18 (5th Cir. 1999).




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