USA v. Ruben Carmona-Benavidez

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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