USA v. Marcos Garcia

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UNPUBLISHED OPINION FILED. [16-40051 Dismissed as Frivolous] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 03/03/2017 for Appellant Marcos Garcia; granting motion to withdraw as counsel filed by Mr. Amador C. Garcia [8202936-2] [16-40051]

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Case: 16-40051 Document: 00513871060 Page: 1 Date Filed: 02/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40051 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MARCOS GARCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:14-CR-838-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Marcos 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). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-40051 Document: 00513871060 Page: 2 Date Filed: 02/10/2017 No. 16-40051 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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