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United States v. Gabriel Hernandez-Sanchez, 11-41317 (2012)

Court: Court of Appeals for the Fifth Circuit Number: 11-41317 Visitors: 13
Filed: Jun. 28, 2012
Latest Update: Mar. 26, 2017
Summary: Case: 11-41317 Document: 00511902012 Page: 1 Date Filed: 06/27/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 27, 2012 No. 11-41317 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GABRIEL DE JESUS HERNANDEZ-SANCHEZ, also known as Gustavo Leal- Chavez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1111-1 Before KING,
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     Case: 11-41317     Document: 00511902012         Page: 1     Date Filed: 06/27/2012




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                                            FILED
                                                                           June 27, 2012
                                     No. 11-41317
                                   Summary Calendar                        Lyle W. Cayce
                                                                                Clerk

UNITED STATES OF AMERICA,

                                                  Plaintiff-Appellee

v.

GABRIEL DE JESUS HERNANDEZ-SANCHEZ, also known as Gustavo Leal-
Chavez,

                                                  Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                            USDC No. 7:11-CR-1111-1


Before KING, JOLLY, and GRAVES, Circuit Judges.
PER CURIAM:*
        The Federal Public Defender appointed to represent Gabriel De Jesus
Hernandez-Sanchez (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). Hernandez has filed a response.
We have reviewed counsel’s brief and the relevant portions of the record
reflected therein, as well as Hernandez’s response. We concur with counsel’s


       *
         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: 11-41317    Document: 00511902012    Page: 2   Date Filed: 06/27/2012

                                No. 11-41317

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 motion for the appointment of counsel is
DENIED. See United States v. Wagner, 
158 F.3d 901
, 902-03 (5th Cir. 1998).




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Source:  CourtListener

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