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United States v. Odilon Benitez-Penaloza, 14-41048 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 14-41048 Visitors: 30
Filed: Feb. 17, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 14-41048 Document: 00513382707 Page: 1 Date Filed: 02/17/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41048 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. ODILON BENITEZ-PENALOZA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14-CR-338-1 Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CU
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     Case: 14-41048      Document: 00513382707         Page: 1    Date Filed: 02/17/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 14-41048
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                         February 17, 2016
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

ODILON BENITEZ-PENALOZA,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 2:14-CR-338-1


Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Odilon Benitez-Penaloza has moved
for leave to withdraw and has filed briefs in accordance with Anders v.
California, 
386 U.S. 738
(1967), and United States v. Flores, 
632 F.3d 229
(5th
Cir. 2011). Benitez-Penaloza has not filed a response. We have reviewed
counsel’s briefs 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: 14-41048    Document: 00513382707    Page: 2   Date Filed: 02/17/2016


                                No. 14-41048

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

Source:  CourtListener

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