USA v. Anthony Perez-Batista, No. 11-41297 (5th Cir. 2013)

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Case: 11-41297 Document: 00512329418 Page: 1 Date Filed: 08/02/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41297 Summary Calendar August 2, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANTHONY PEREZ-BATISTA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:11-CR-616-1 Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Anthony Perez-Batista has moved for leave to withdraw and has filed a brief and supplemental brief pursuant to Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Perez-Batista has filed a response. We have reviewed counsel s briefs and the relevant portions of the record reflected therein, as well as Perez-Batista s response. 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41297 Document: 00512329418 Page: 2 Date Filed: 08/02/2013 No. 11-41297 further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2