USA v. Jose Garcia, No. 09-50826 (5th Cir. 2011)

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Case: 09-50826 Document: 00511361744 Page: 1 Date Filed: 01/26/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50826 Summary Calendar January 26, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE DE JESUS GARCIA, Also Known as Jose Jesus Garcia, Also Known as Jose Garcia, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas No. 5:08-CR-325-1 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* The attorney appointed to represent Jose de Jesus Garcia has moved for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50826 Document: 00511361744 Page: 2 Date Filed: 01/26/2011 No. 09-50826 leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Garcia has not filed a response. We do not enforce Garcia s appeal waiver in light of the district court s failure to admonish him adequately of its consequences. Nevertheless, our independent review of the record and counsel s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5 TH C IR. R. 42.2. 2

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