United States v. Herrera

Case: 20-10105 Document: 00516054912 Page: 1 Date Filed: 10/14/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
October 14, 2021
No. 20-10105 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Benito Herrera, Jr.,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-76-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Benito Herrera, Jr., 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). Herrera has not filed a response after being served with counsel’s
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10105 Document: 00516054912 Page: 2 Date Filed: 10/14/2021
No. 20-10105
motion to withdraw and Anders brief. 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 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. Herrera’s motion
for appointment of new counsel is DENIED.
2