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United States v. Reino Herrera-Garcia, 14-40908 (2015)

Court: Court of Appeals for the Fifth Circuit Number: 14-40908 Visitors: 50
Filed: Jun. 16, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-40908 Document: 00513080983 Page: 1 Date Filed: 06/16/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40908 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 16, 2015 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. REINO HERRERA-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14-CR-212-1 Before DAVIS, JONES, and HIGGINSON, Circuit Judges. PER CURIA
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     Case: 14-40908      Document: 00513080983         Page: 1    Date Filed: 06/16/2015




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 14-40908
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 16, 2015
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

REINO HERRERA-GARCIA,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 7:14-CR-212-1


Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Reino Herrera-
Garcia 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). Herrera-Garcia filed a motion for appointment of
counsel on appeal but has not filed a response to the Anders motion. We have
reviewed counsel’s brief and the relevant portions of the record reflected


       * 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: 14-40908    Document: 00513080983    Page: 2   Date Filed: 06/16/2015


                                No. 14-40908

therein, as well as Herrera-Garcia’s motion.       We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.
Accordingly, Herrera-Garcia’s motion for appointment of counsel is DENIED,
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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Source:  CourtListener

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