Case: 23-10176 Document: 00516916027 Page: 1 Date Filed: 10/02/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10176 Summary Calendar FILED ____________ October 2, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Benito Diaz Hernandez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:21-CR-112-6 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam: * The attorney appointed to represent Benito Diaz Hernandez 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). Diaz Hernandez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-10176 Document: 00516916027 Page: 2 Date Filed: 10/02/2023

No. 23-10176

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.