USA v. Carlos Penaloza-Lopez

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UNPUBLISHED OPINION FILED. [13-20340 Dismissed as Frivolous] Judge: ECP , Judge: JWE , Judge: CH Mandate pull date is 05/07/2014 for Appellant Carlos Penaloza-Lopez; granting motion to withdraw as counsel filed by Mr. Andrew J. Williams [7524010-2] [13-20340]

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Case: 13-20340 Document: 00512597951 Page: 1 Date Filed: 04/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20340 Conference Calendar United States Court of Appeals Fifth Circuit FILED April 16, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. CARLOS PENALOZA-LOPEZ, also known as Carlos Penaloza, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-569-1 Before PRADO, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Carlos Penaloza-Lopez 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). Penaloza-Lopez 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20340 Document: 00512597951 Page: 2 Date Filed: 04/16/2014 No. 13-20340 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

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