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United States v. Hector Garcia-Guajardo, 11-40822 (2012)

Court: Court of Appeals for the Fifth Circuit Number: 11-40822 Visitors: 201
Filed: Apr. 18, 2012
Latest Update: Mar. 26, 2017
Summary: Case: 11-40822 Document: 00511826592 Page: 1 Date Filed: 04/18/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 18, 2012 No. 11-40822 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. HECTOR JESUS GARCIA-GUAJARDO, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-463-1 Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
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     Case: 11-40822     Document: 00511826592         Page: 1     Date Filed: 04/18/2012




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

                                                                            FILED
                                                                           April 18, 2012
                                     No. 11-40822
                                   Summary Calendar                        Lyle W. Cayce
                                                                                Clerk

UNITED STATES OF AMERICA,

                                                  Plaintiff-Appellee

v.

HECTOR JESUS GARCIA-GUAJARDO,

                                                  Defendant-Appellant


                   Appeal from the United States District Court
                        for the Southern District of Texas
                             USDC No. 7:11-CR-463-1


Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
        The Federal Public Defender appointed to represent Hector Jesus Garcia-
Guajardo 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-Guajardo has filed a response. We have
reviewed counsel’s brief and the relevant portions of the record reflected therein,
as well as Garcia-Guajardo’s response. We concur with counsel’s assessment
that the appeal presents no nonfrivolous issue for appellate review. Accordingly,

       *
         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: 11-40822   Document: 00511826592    Page: 2   Date Filed: 04/18/2012

                                No. 11-40822

Garcia-Guajardo’s motion to remand 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.




                                     2

Source:  CourtListener

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