Opinion
No. 13-40713
02-20-2014
UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE VILLANUEVA-TORRES, Defendant-Appellant
Summary Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:13-CR-87-2
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
The attorney appointed to represent Jose Villanueva-Torres 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). Villanueva-Torres 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 issue for appellate review. 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.
In light of the magistrate judge's explanation during the rearraignment hearing of the exceptions to the appeal waiver and the absence of such exceptions in Villanueva-Torres's plea agreement, we pretermit any determination concerning the validity of the appeal waiver. See United States v. Robinson, 187 F.3d 516, 517-18 (5th Cir. 1999).