USA v. Gabriel Hernandez-Sanchez, No. 11-41317 (5th Cir. 2012)

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Case: 11-41317 Document: 00511902012 Page: 1 Date Filed: 06/27/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41317 Summary Calendar June 27, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GABRIEL DE JESUS HERNANDEZ-SANCHEZ, also known as Gustavo LealChavez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1111-1 Before KING, JOLLY, and GRAVES, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Gabriel De Jesus Hernandez-Sanchez (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). Hernandez has filed a response. We have reviewed counsel s brief and the relevant portions of the record reflected therein, as well as Hernandez s response. We concur with counsel s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41317 Document: 00511902012 Page: 2 Date Filed: 06/27/2012 No. 11-41317 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. Hernandez s motion for the appointment of counsel is DENIED. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998). 2

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