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United States v. Gustavo Garza, 16-51275 (2017)

Court: Court of Appeals for the Fifth Circuit Number: 16-51275 Visitors: 14
Filed: Aug. 18, 2017
Latest Update: Mar. 03, 2020
Summary: Case: 16-51275 Document: 00514122052 Page: 1 Date Filed: 08/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51275 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. GUSTAVO FACUNDO GARZA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-408-1 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER
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     Case: 16-51275      Document: 00514122052         Page: 1    Date Filed: 08/18/2017




           IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT


                                    No. 16-51275
                                 Conference Calendar
                                                                         United States Court of Appeals
                                                                                  Fifth Circuit

                                                                                FILED
                                                                          August 18, 2017
UNITED STATES OF AMERICA,
                                                                           Lyle W. Cayce
                                                                                Clerk
                                                 Plaintiff-Appellee

v.

GUSTAVO FACUNDO GARZA,

                                                 Defendant-Appellant


                   Appeal from the United States District Court
                        for the Western District of Texas
                             USDC No. 2:09-CR-408-1


Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.
PER CURIAM: *
       The attorney appointed to represent Gustavo Facundo Garza 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). Garza has not filed a response. Although Garza remains subject to
a term of supervised release, he has completed the term of imprisonment
imposed upon the revocation of his supervised release. We have reviewed


       * 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: 16-51275    Document: 00514122052    Page: 2   Date Filed: 08/18/2017


                                No. 16-51275

counsel’s brief and the relevant portions of the record reflected therein. We
concur with counsel’s 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part
as moot, see United States v. Heredia-Holguin, 
823 F.3d 337
, 340 (5th Cir.
2016) (en banc).




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Source:  CourtListener

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