USA v. Omar Gomez-Herrera, No. 13-40060 (5th Cir. 2013)

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Case: 13-40060 Document: 00512420435 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. 13-40060 Conference Calendar October 25, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. OMAR ALBERTO GOMEZ-HERRERA, also known as Daniel Orozco-Quintana, also known as Ruben Dario Hernandez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12-CR-1563-1 Before JOLLY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Omar Alberto GomezHerrera (Gomez) 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). Gomez 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40060 Document: 00512420435 Page: 2 Date Filed: 10/25/2013 No. 13-40060 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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