USA v. Juan Pena-Gomez

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UNPUBLISHED OPINION FILED. [13-40925 Dismissed as Frivolous] Judge: EGJ , Judge: JES , Judge: EBC. Mandate pull date is 04/01/2014 for Appellant Juan Martin Pena-Gomez; granting motion to withdraw as counsel filed by Mr. Michael Lance Herman [7509848-2] [13-40925]

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Case: 13-40925 Document: 00512556835 Page: 1 Date Filed: 03/11/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40925 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 11, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus JUAN MARTIN PENA-GOMEZ, Defendant−Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13-CR-595-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Juan Pena-Gomez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40925 Document: 00512556835 Page: 2 Date Filed: 03/11/2014 No. 13-40925 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). Pena-Gomez 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 for appellate review. Accordingly, the 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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