USA v. Artemio Hernandez


UNPUBLISHED OPINION FILED. [13-20556 Dismissed as Frivolous] Judge: EGJ , Judge: ECP , Judge: CH Mandate pull date is 09/05/2014 for Appellant Artemio Castene Hernandez; granting motion to withdraw as counsel filed by Ms. Margaret Christina Ling [7574369-2] [13-20556]

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Case: 13-20556 Document: 00512735336 Page: 1 Date Filed: 08/15/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-20556 Summary Calendar August 15, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARTEMIO CASTENE HERNANDEZ, also known as Artemio Casteneda Hernandez, also known as Aldredo C. Hernandez, also known as Artemio C. Hernandez, also known as Aldredo Hernandez Casteneda, also known as Artemio Hernandez Costa, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:12-CR-537-1 Before JOLLY, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Artemio Castene Hernandez 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). Castene Hernandez has not filed a response. We 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-20556 Document: 00512735336 Page: 2 Date Filed: 08/15/2014 No. 13-20556 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. 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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