USA v. Benjamin Rodriguez-Hernandez, No. 11-40152 (5th Cir. 2012)

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Case: 11-40152 Document: 00511860722 Page: 1 Date Filed: 05/18/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40152 c/w No. 11-40154 Summary Calendar May 18, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENJAMIN RODRIGUEZ-HERNANDEZ, also known as Benjamin PerezRomero, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 5:07-CR-273-1 USDC No. 5:10-CR-1243-1 Before DENNIS, CLEMENT, and OWEN, Circuit Judges PER CURIAM:* The attorney appointed to represent Benjamin Rodriguez-Hernandez has moved for leave to withdraw and has filed a brief and two supplemental briefs in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Rodriguez-Hernandez has not filed a response. We have reviewed counsel s briefs and the relevant portions of the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40152 Document: 00511860722 Page: 2 Date Filed: 05/18/2012 No. 11-40152 c/w No. 11-40154 record reflected therein. We concur with counsel s assessment that the appeal presents 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 APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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