USA v. Huey Hebert, III, No. 15-20479 (5th Cir. 2016)

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Case: 15-20479 Document: 00513554544 Page: 1 Date Filed: 06/20/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20479 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 20, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. HUEY JOSEPH HEBERT, III, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-121-1 Before WIENER, HIGGINSON, and COSTA, Circuit Judges. STEPHEN A. HIGGINSON, Circuit Judge: * The attorney appointed to represent Huey Joseph Hebert, III, 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). Hebert has filed a response in which he argues, inter alia, that his appellate counsel rendered ineffective assistance by asserting that Hebert’s appeal waiver is enforceable. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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: 15-20479 Document: 00513554544 Page: 2 Date Filed: 06/20/2016 No. 15-20479 We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Hebert’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. We decline to consider Hebert’s ineffective assistance of counsel claim, without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). 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

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