USA v. Jose Jaimes-Benitez

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UNPUBLISHED OPINION FILED. [16-40198 Dismissed as Frivolous] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 05/16/2017 for Appellant Jose Luis Jaimes-Benitez; granting motion to withdraw as counsel filed by Mr. Philip G. Gallagher [8358263-2] [16-40198]

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Case: 16-40198 Document: 00513966548 Page: 1 Date Filed: 04/25/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40198 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 25, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE LUIS JAIMES -BENITEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15-CR-805-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Jose Luis JaimesBenitez 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). Jaimes-Benitez 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40198 Document: 00513966548 Page: 2 Date Filed: 04/25/2017 No. 16-40198 nonfrivolous 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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