USA v. Sergio Garcia-Hernandez, No. 15-10878 (5th Cir. 2016)

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Case: 15-10878 Document: 00513556325 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10878 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. SERGIO GARCIA-HERNANDEZ, also known as Sergio Armendaris Garcia, also known as Serjio Hernandez Garcia, also known as Sergio Elias GarciaHernandez, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14-CR-422-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Sergio GarciaHernandez 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). Garcia-Hernandez has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of GarciaPursuant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10878 Document: 00513556325 Page: 2 Date Filed: 06/21/2016 No. 15-10878 Hernandez’s claim of ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Garcia-Hernandez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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