USA v. Gustavo Garza


UNPUBLISHED OPINION FILED. [16-51275 Dismissed in Part as Frivolous and In Part as Moot] Judge: EGJ, Judge: PEH, Judge: JWE. Mandate pull date is 09/08/2017 for Appellant Gustavo Facundo Garza; granting motion to withdraw as counsel filed by Mr. Reginald Van Wade, Esq. [8470424-2] [16-51275]

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Case: 16-51275 Document: 00514122052 Page: 1 Date Filed: 08/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51275 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. GUSTAVO FACUNDO GARZA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-408-1 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Gustavo Facundo Garza 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). Garza has not filed a response. Although Garza remains subject to a term of supervised release, he has completed the term of imprisonment imposed upon the revocation of his supervised release. We have reviewed 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51275 Document: 00514122052 Page: 2 Date Filed: 08/18/2017 No. 16-51275 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 in part as frivolous, see 5TH CIR. R. 42.2, and in part as moot, see United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc). 2

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