USA v. Alfonso Penaloza-Duarte, No. 14-41331 (5th Cir. 2016)

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Case: 14-41331 Document: 00513550442 Page: 1 Date Filed: 06/16/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-41331 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ALFONSO PENALOZA-DUARTE, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14-CR-314-1 Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * The attorney appointed to represent Alfonso Penaloza-Duarte 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). Penaloza-Duarte 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-41331 Document: 00513550442 Page: 2 Date Filed: 06/16/2016 No. 14-41331 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. Penaloza-Duarte’s motion for the appointment of new counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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