USA v. Elvin Benites-Benite

Filing

UNPUBLISHED OPINION FILED. [14-41367 Dismissed as Frivolous 14-41370 Dismissed as Frivolous] Judge: CDK , Judge: EBC , Judge: PRO Mandate pull date is 09/03/2015 for Appellant Elvin Benites-Benites; granting motion to withdraw as counsel filed by Mr. Scott Andrew Martin [7876480-2] [14-41367, 14-41370]

Case: 14-41367

Document: 00513153176

Page: 1

Date Filed: 08/13/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-41367
c/w No. 14-41370
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 13, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ELVIN BENITES-BENITES,
Defendant-Appellant
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 5:14-CR-530-1
USDC No. 5:14-CR-930-1
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *

The Federal Public Defender appointed to represent Elvin BenitesBenites 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). Benites-Benites has filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-41367

Document: 00513153176

Page: 2

Date Filed: 08/13/2015

No. 14-41367
c/w No. 14-41370
therein, as well as Benites-Benites’s response.

We concur with counsel’s

assessment that the appeals present 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 APPEALS ARE
DISMISSED. See 5TH CIR. R. 42.2.

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