United States v. Garcia-Hernandez

03-51428Court of Appeals for the Fifth CircuitOct 19, 2004

Full text

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 19, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-51428
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAY JESUS GARCIA-HERNANDEZ, also known as
Jesus Alberto Garcia-Hernandez,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-03-CR-1308-ALL
--------------------
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Jay Jesus Garcia-
Hernandez has filed a motion to withdraw and a brief pursuant to
Anders v. California, 386 U.S. 738, 744 (1967). Garcia-Hernandez
has not filed a response. Our independent review of the brief
and the record discloses no nonfrivolous issue in this direct
appeal. 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.

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