USA v. Javier Garcia

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UNPUBLISHED OPINION FILED. [12-20805 Dismissed as Frivolous] Judge: PEH , Judge: JLD , Judge: JEG. Mandate pull date is 10/15/2013 for Appellant Javier Martinez Garcia; granting motion to withdraw as counsel filed by Mr. Lee Harper Wilson [7331649-2] [12-20805]

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Case: 12-20805 Document: 00512384460 Page: 1 Date Filed: 09/24/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-20805 Summary Calendar September 24, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JAVIER MARTINEZ GARCIA, also known as Javier Martinez-Garcia, also known as Javier Martinez, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-474-1 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Javier Martinez Garcia 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). Martinez 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 nonfrivolous issue for appellate review. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20805 Document: 00512384460 Page: 2 Date Filed: 09/24/2013 No. 12-20805 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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