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United States v. Sergio Garcia-Hernandez, 15-10878 (2016)

Court: Court of Appeals for the Fifth Circuit Number: 15-10878 Visitors: 18
Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-10878 Document: 00513556325 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10878 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. SERGIO GARCIA-HERNANDEZ, also known as Sergio Armendaris Garcia, also known as Serjio Hernandez Garcia, also known as Sergio Elias Garcia- Hernandez, Defendant-Appellant Appeal from the United States Distri
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     Case: 15-10878      Document: 00513556325         Page: 1    Date Filed: 06/21/2016




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 15-10878
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                            June 21, 2016
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

SERGIO GARCIA-HERNANDEZ, also known as Sergio Armendaris Garcia,
also known as Serjio Hernandez Garcia, also known as Sergio Elias Garcia-
Hernandez,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                             USDC No. 3:14-CR-422-1


Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
       The Federal Public Defender appointed to represent Sergio 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 response. The record
is not sufficiently developed to allow us to make a fair evaluation of Garcia-


       * 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: 15-10878    Document: 00513556325     Page: 2   Date Filed: 06/21/2016


                                 No. 15-10878

Hernandez’s claim of ineffective assistance of counsel; we therefore decline to
consider the claim without prejudice to collateral review. See United States v.
Isgar, 
739 F.3d 829
, 841 (5th Cir. 2014).
      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, the 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.




                                       2

Source:  CourtListener

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