United States v. Benites

* 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 28, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51741
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICAH BENITES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
No. 1:05-CR-145-ALL
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Counsel appointed to represent Micah Benites has requested
leave to withdraw and has filed a brief as required by Anders v.
California, 386 U.S. 738 (1967). Benites has filed a response to
counsel’s motion in which he challenges his sentence, the volun-
tariness of confessions he made before he entered his guilty plea,

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the conduct of the prosecutor, and the effectiveness of counsel.
Our independent review of the record, counsel’s brief, and Beni-
tes’s response discloses no nonfrivolous issue for appeal. Accord-
ingly, the motion for leave to withdraw is GRANTED, counsel is ex-
cused from further responsibilities herein, and the APPEAL IS
DISMISSED. See 5TH CIR. R. 42.2.

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