Filed: May 16, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-11062 Document: 00514474792 Page: 1 Date Filed: 05/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-11062 May 16, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DIEGO DURAN HERNANDEZ, Defendant-Appellant _ Consolidated with Case No. 17-11069 UNITED STATES OF AMERICA, Plaintiff-Appellee v. DIEGO DURON HERNANDEZ, also known as Diego Duran Hernandez, Defendant-Appellant A
Summary: Case: 17-11062 Document: 00514474792 Page: 1 Date Filed: 05/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-11062 May 16, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DIEGO DURAN HERNANDEZ, Defendant-Appellant _ Consolidated with Case No. 17-11069 UNITED STATES OF AMERICA, Plaintiff-Appellee v. DIEGO DURON HERNANDEZ, also known as Diego Duran Hernandez, Defendant-Appellant Ap..
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Case: 17-11062 Document: 00514474792 Page: 1 Date Filed: 05/16/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-11062 May 16, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DIEGO DURAN HERNANDEZ,
Defendant-Appellant
__________________________________________
Consolidated with Case No. 17-11069
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DIEGO DURON HERNANDEZ, also known as Diego Duran Hernandez,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 6:17-CR-1-1
USDC No. 6:11-CR-36-1
Case: 17-11062 Document: 00514474792 Page: 2 Date Filed: 05/16/2018
No. 17-11062
Cons/w No. 17-11069
Before DAVIS, CLEMENT and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Diego Duran
Hernandez in appeal No. 17-11062 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). The same Federal Public
Defender also has moved to withdraw and filed an Anders brief in appeal No.
17-11069. Hernandez has filed a response in appeal No. 17-11062, in which he
raises arguments as to appeal No. 17-11069. We exercise our authority to sua
sponte consolidate the appeals, which implicate common facts and issues. See
United States v. Rodriguez,
564 F.3d 735, 737 (5th Cir. 2009); FED. R. APP.
P. 3(b)(2).
We have reviewed counsel’s briefs and the relevant portions of the record
reflected therein, as well as Hernandez’s response. We concur with counsel’s
assessment that the appeals present no nonfrivolous issue for appellate review.
Accordingly, counsel’s motions for leave to withdraw are GRANTED, counsel
is excused from further responsibilities herein, and the APPEALS ARE
DISMISSED. See 5TH CIR. R. 42.2. Hernandez’s motion to vacate and remand,
which he filed in appeal No. 17-11062, is DENIED.
* 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.
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