USA v. Macario Fernandez-Hernandez
Filing
UNPUBLISHED OPINION FILED. [15-41715 Dismissed as Frivolous] Judge: EGJ, Judge: JES, Judge: EBC. Mandate pull date is 01/25/2017 for Appellant Macario Fernandez-Hernandez; granting motion to withdraw as counsel filed by Mr. Timothy William Crooks [8188221-2] [15-41715]
Case: 15-41715
Document: 00513821753
Page: 1
Date Filed: 01/04/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-41715
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 4, 2017
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
MACARIO FERNANDEZ-HERNANDEZ,
Defendant–Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:15-CR-702-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Macario Fernandez-
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41715
Document: 00513821753
Page: 2
Date Filed: 01/04/2017
No. 15-41715
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). Fernandez-Hernandez has filed a response. The
record is not sufficiently developed to allow us to make a fair evaluation of
Fernandez-Hernandez’s claim of ineffective assistance of counsel, so we decline
to consider it on the present state of the record. See United States v. Isgar,
739 F.3d 829, 841 (5th Cir. 2014).
We have reviewed counsel’s brief, relevant portions of the record, and
Fernandez-Hernandez’s response. We concur with counsel’s assessment that
the appeal presents no nonfrivolous issue for appellate review. Accordingly,
the 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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