USA v. Omar Hernandez

Filing

UNPUBLISHED OPINION FILED. [09-11066 Dismissed as frivolous ] Judge: JES , Judge: JLD , Judge: EBC Mandate pull date is 11/16/2010 for Appellant Omar Hernandez; denying motion to appoint counsel filed by Appellant Mr. Omar Hernandez [6543411-2]; granting motion to withdraw as counsel filed by Appellant Ms. Lydia M Brandt, Esq. for Appellant Mr. Omar Hernandez [6524507-2] [09-11066]

USA v. Omar Hernandeze: 09-11066 Cas

Document: 00511274364 Page: 1 Date Filed: 10/26/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-11066 C o n fe r e n c e Calendar October 26, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. O M A R HERNANDEZ, also known as Pistolero, formerly known as FNU LNU 20, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 3:08-CR-267-20

B e fo r e SMITH, DENNIS, and CLEMENT, Circuit Judges. P E R CURIAM:* T h e attorney appointed to represent Omar Hernandez has moved for leave t o withdraw and has filed a brief in accordance with Anders v. California, 386 U .S . 738 (1967). Hernandez has responded by filing a motion for appointment o f new counsel. Our independent review of the record, counsel's brief, and H e r n a n d e z 's motion discloses no nonfrivolous issue for appeal. Accordingly, c o u n s e l's motion for leave to withdraw is GRANTED, counsel is excused from

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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Dockets.Justia.com

Case: 09-11066 Document: 00511274364 Page: 2 Date Filed: 10/26/2010 No. 09-11066 fu r t h e r responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R . 42.2. Hernandez's motion for appointment of new counsel is DENIED.

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