USA v. Juan Lopez-Hernandez, No. 11-40052 (5th Cir. 2011)

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Case: 11-40052 Document: 00511640936 Page: 1 Date Filed: 10/21/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-40052 Conference Calendar October 21, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN FRANCISCO LOPEZ-HERNANDEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:10-CR-967-1 Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Juan Francisco LopezHernandez 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). Lopez-Hernandez has not filed a response. We have reviewed 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40052 Document: 00511640936 Page: 2 Date Filed: 10/21/2011 No. 11-40052 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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