Case: 13-40734 Document: 00512580094 Page: 1 Date Filed: 04/01/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 13-40734 April 1, 2014 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HIPOLITO POSADA,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-150-1

Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * The attorney appointed to represent Hipolito Posada has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967), and United States v. Flores,

(5th Cir. 2011). Posada 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.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40734 Document: 00512580094 Page: 2 Date Filed: 04/01/2014

No. 13-40734

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.

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