United States v. Gerardo Trevino-Pena

Case: 15-40368 Document: 00513383816 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15-40368 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 17, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee

v.

GERARDO TREVINO-PENA,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14-CR-169-1

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * The attorney appointed to represent Gerardo Trevino-Pena 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). Trevino-Pena 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

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40368 Document: 00513383816 Page: 2 Date Filed: 02/17/2016

No. 15-40368

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.

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