USA v. Noe Pacheco-Garcia, No. 14-50926 (5th Cir. 2015)

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Case: 14-50926 Document: 00512971883 Page: 1 Date Filed: 03/17/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-50926 Summary Calendar FILED March 17, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. NOE PACHECO-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:14-CR-76-1 Before SMITH, WIENER, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Noe Pacheco-Garcia 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). Pacheco-Garcia has not filed a response. We have reviewed counsel’s brief and the relevant parts of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-50926 Document: 00512971883 Page: 2 Date Filed: 03/17/2015 No. 14-50926 However, in light of the nonreversible error in categorizing Pacheco-Garcia’s Texas sexual assault conviction as an aggravated felony, the judgment of the district court is REFORMED to show that Pacheco-Garcia was convicted and sentenced under 8 U.S.C. § 1326(b)(1). See United States v. Mondragon- Santiago, 564 F.3d 357, 367-69 (5th Cir. 2009). 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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