USA v. David Provencio, No. 18-50588 (5th Cir. 2019)

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Case: 18-50588 Document: 00514874985 Page: 1 Date Filed: 03/15/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50588 Conference Calendar FILED March 15, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DAVID PROVENCIO, also known as David Lorenzo Provencio, also known as David Provencio Sandoval, also known as Jose Provencio, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:18-CR-23-1 Before OWEN, GRAVES, and OLDHAM, Circuit Judges. PER CURIAM: * The attorney appointed to represent David Provencio 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). Provencio has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Provencio’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50588 Document: 00514874985 Page: 2 Date Filed: 03/15/2019 No. 18-50588 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 further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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