USA v. Ruben Carmona-Benavidez


UNPUBLISHED OPINION FILED. [11-41188 Dismissed as Frivolous] Judge: JES , Judge: JWE , Judge: LHS Mandate pull date is 09/11/2012 for Appellant Ruben Osbaldo Carmona-Benavidez; granting motion to withdraw as counsel filed by Mr. Jose Salvador Tellez, II, Esq. [7056542-2] [11-41188]

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Case: 11-41188 Document: 00511963887 Page: 1 Date Filed: 08/21/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41188 Conference Calendar August 21, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RUBEN OSBALDO CARMONA-BENAVIDEZ, also known as Ruben Osbaldo Carmona, also known as Ruben O. Carmona, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:11-CR-89-1 Before SMITH, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Ruben Osbaldo Carmona-Benavidez 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). Carmona-Benavidez 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 issue * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41188 Document: 00511963887 Page: 2 Date Filed: 08/21/2012 No. 11-41188 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

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