USA v. Lucio Hernandez, No. 13-20048 (5th Cir. 2014)

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Case: 13-20048 Document: 00512540304 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-20048 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. LUCIO OSCAR CHAVEZ HERNANDEZ, also known as Lucio Oscar Chavez, also known as Lucio O. Chavez, also known as Lucio Oscar Chavez-Hernandez, also known as Lucio Chavez Hernandez, also known as Salvador Peres, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-426-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Lucio Oscar Chavez 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). Chavez Hernandez has not filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20048 Document: 00512540304 Page: 2 Date Filed: 02/21/2014 No. 13-20048 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. See 5TH CIR. R. 42.2. 2

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