USA v. Jose Garcia

Filing

UNPUBLISHED OPINION FILED. [09-50826 Dismissed as frivolous] Judge: WED , Judge: JES , Judge: LHS Mandate pull date is 02/16/2011 for Appellant Jose De Jesus Garcia; granting motion to withdraw as counsel filed by Attorney Mr. Bernie Martinez, Esq. for Appellant Mr. Jose De Jesus Garcia [6442081-2] [09-50826]

Case: 09-50826 Document: 00511361744 Page: 1 Date Filed: 01/26/2011

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit
FILED
No. 09-50826
Summary Calendar

January 26, 2011
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE DE JESUS GARCIA,
Also Known as Jose Jesus Garcia, Also Known as Jose Garcia,
Defendant-Appellant.

Appeal from the United States District Court
for the Western District of Texas
No. 5:08-CR-325-1

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*

The attorney appointed to represent Jose de Jesus Garcia has moved for

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-50826 Document: 00511361744 Page: 2 Date Filed: 01/26/2011
No. 09-50826
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Garcia has not filed a response.
We do not enforce Garcia’s appeal waiver in light of the district court’s
failure to admonish him adequately of its consequences. Nevertheless, our independent review of the record and counsel’s brief discloses no nonfrivolous issue
for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED,
counsel is excused from further responsibilities herein, and the appeal is
DISMISSED. See 5 TH C IR. R. 42.2.

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