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United States v. Nicolas Benitez-Torres, 16-41036 (2017)

Court: Court of Appeals for the Fifth Circuit Number: 16-41036 Visitors: 12
Filed: Mar. 13, 2017
Latest Update: Mar. 03, 2020
Summary: 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:
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     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.




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Source:  CourtListener

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