USA v. Jose Garcia


UNPUBLISHED OPINION FILED.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]

Download PDF
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?