United States v. Hernandez ( 2022 )

Case: 21-30299 Document: 00516354685 Page: 1 Date Filed: 06/13/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
June 13, 2022
No. 21-30299 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Brian Hernandez,
Defendant—Appellant.
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:18-CR-22-5
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
The attorney appointed to represent Brian Hernandez has moved for
leave to withdraw and has filed briefs in accordance with Anders v. California,
386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).
Hernandez has filed a response. We have reviewed counsel’s briefs and the
*
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opinion should not be published and is not precedent except under the limited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: 21-30299 Document: 00516354685 Page: 2 Date Filed: 06/13/2022
No. 21-30299
relevant portions of the record reflected therein, as well as 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. Hernandez’s pro se motion to dismiss the appeal is DENIED as
moot.
2