USA v. Arturo Herrera-Garcia

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UNPUBLISHED OPINION FILED. [12-11097 Dismissed as frivolous] Judge: TMR , Judge: PRO , Judge: LHS Mandate pull date is 03/14/2014 for Appellant Arturo Herrera-Garcia; granting motion to withdraw as counsel filed by Mr. Jerry Van Beard, Esq. [7437242-2] [12-11097]

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Case: 12-11097 Document: 00512539625 Page: 1 Date Filed: 02/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 12-11097 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. ARTURO HERRERA-GARCIA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:12-CR-67-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Arturo HerreraGarcia 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). Herrera-Garcia has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-11097 Document: 00512539625 Page: 2 Date Filed: 02/21/2014 No. 12-11097 nonfrivolous issue for appellate review. Accordingly, counsel’s 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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