USA v. Edilberto Banega

Filing

UNPUBLISHED OPINION FILED. [16-51048 Dismissed as Frivolous] Judge: JES , Judge: EBC , Judge: GJC. Mandate pull date is 07/11/2017 for Appellant Edilberto Banegas; granting motion to withdraw as counsel filed by Ms. Laura G. Greenberg [8399291-2] [16-51048]

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Case: 16-51048 Document: 00514040201 Page: 1 Date Filed: 06/20/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51048 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 20, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDILBERTO BANEGAS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:15-CR-1391-1 Before SMITH, CLEMENT, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Edilberto Banegas 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). Banegas has not filed a response. We have reviewed counsel’s brief and the relevant parts of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51048 Document: 00514040201 Page: 2 Date Filed: 06/20/2017 No. 16-51048 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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