United States v. Hernandez-Escorcia ( 2022 )

Case: 21-40839 Document: 00516395258 Page: 1 Date Filed: 07/15/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 15, 2022
No. 21-40839
consolidated with Lyle W. Cayce
No. 21-40844 Clerk
Summary Calendar
United States of America,
Plaintiff—Appellee,
versus
Brandon Hernandez-Escorcia,
Defendant—Appellant.
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 1:20-CR-238-1
USDC No. 1:20-CR-30-1
Before Davis, Smith, and Dennis, Circuit Judges.
Per Curiam:*
The Federal Public Defender appointed to represent Brandon
Hernandez-Escorcia has moved for leave to withdraw and has filed a brief in
*
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opinion should not be published and is not precedent except under the limited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: 21-40839 Document: 00516395258 Page: 2 Date Filed: 07/15/2022
No. 21-40839
c/w No. 21-40844
accordance with Anders v. California, 386 U.S. 738 (1967), and United States
v. Flores, 632 F.3d 229 (5th Cir. 2011). Hernandez-Escorcia 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 of Hernandez-Escorcia’s illegal reentry conviction and sentence
presents no nonfrivolous issue for appellate review. Hernandez-Escorcia’s
appeal of his revocation case is moot based on his completion of that
sentence. See Spencer v. Kemna, 523 U.S. 1, 7, 14 (1998). Accordingly,
counsel’s motion for leave to withdraw is GRANTED, counsel is excused
from further responsibilities herein, and the APPEALS ARE
DISMISSED. See 5th Cir. R. 42.2; Spencer, 523 U.S. at 7, 14.
2