United States v. Garcia-Hernandez ( 2021 )

Case: 21-40128 Document: 00515902123 Page: 1 Date Filed: 06/16/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 16, 2021
No. 21-40128
Conference Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Hernan Garcia-Hernandez,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:20-CR-1687-1
Before Jones, Clement, and Haynes, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Hernan Garcia-
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). Garcia-Hernandez has filed a
*
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opinion should not be published and is not precedent except under the limited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: 21-40128 Document: 00515902123 Page: 2 Date Filed: 06/16/2021
No. 21-40128
response. We have reviewed counsel’s brief and the relevant portions of the
record reflected therein, as well as Garcia-Hernandez’s response. 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. Garcia-Hernandez’s
pro se motion for appointment of new counsel is DENIED as untimely. See
United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).
2