USA v. Benny Graham, No. 16-50365 (5th Cir. 2016)

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Case: 16-50365 Document: 00513794860 Page: 1 Date Filed: 12/13/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fif h Circuit No. 16-50365 Summary Calendar FILED December 13, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENNY LATHAM GRAHAM, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 1:11-CR-53-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Benny Latham Graham 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). Graham 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-50365 Document: 00513794860 Page: 2 Date Filed: 12/13/2016 No. 16-50365 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