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United States v. David Provencio, 18-50588 (2019)

Court: Court of Appeals for the Fifth Circuit Number: 18-50588 Visitors: 23
Filed: Mar. 18, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-50588 Document: 00514874985 Page: 1 Date Filed: 03/15/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50588 FILED Conference Calendar March 15, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID PROVENCIO, also known as David Lorenzo Provencio, also known as David Provencio Sandoval, also known as Jose Provencio, Defendant-Appellant Appeal from the United States District Court for the Wester
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     Case: 18-50588      Document: 00514874985         Page: 1    Date Filed: 03/15/2019




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


                                    No. 18-50588                             FILED
                                 Conference Calendar                    March 15, 2019
                                                                        Lyle W. Cayce
                                                                             Clerk
UNITED STATES OF AMERICA,

                                                 Plaintiff-Appellee

v.

DAVID PROVENCIO, also known as David Lorenzo Provencio, also known as
David  Provencio Sandoval,   also   known     as   Jose     Provencio,


                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                             USDC No. 7:18-CR-23-1


Before OWEN, GRAVES, and OLDHAM, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent David Provencio 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).
Provencio has filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein, as well as Provencio’s


       * 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: 18-50588    Document: 00514874985     Page: 2   Date Filed: 03/15/2019


                                 No. 18-50588

response. We 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.




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Source:  CourtListener

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