USA v. Cruz Hernandez-Bahena, No. 13-40034 (5th Cir. 2013)

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Case: 13-40034 Document: 00512420328 Page: 1 Date Filed: 10/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-40034 Conference Calendar October 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CRUZ HERNANDEZ-BAHENA, also known as Carlos Hernandez-Montoya, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-939-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Cruz HernandezBahena 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-Bahena 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40034 Document: 00512420328 Page: 2 Date Filed: 10/25/2013 No. 13-40034 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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