USA v. Benites, No. 05-51741 (5th Cir. 2007)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 05-51741 Summary Calendar March 28, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICAH BENITES, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas No. 1:05-CR-145-ALL -------------------- Before SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Counsel appointed to represent Micah Benites has requested leave to withdraw and has filed a brief as required by Anders v. California, 386 U.S. 738 (1967). Benites has filed a response to counsel s motion in which he challenges his sentence, the voluntariness of confessions he made before he entered his guilty plea, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the conduct of the prosecutor, and the effectiveness of counsel. Our independent review of the record, counsel s brief, and Benites s response discloses no nonfrivolous issue for appeal. 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.
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