USA v. Victor Garcia-Valencia

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UNPUBLISHED OPINION FILED. [17-40021 Dismissed as Frivolous] Judge: EGJ, Judge: PEH, Judge: JWE. Mandate pull date is 09/08/2017 for Appellant Victor Hugo Garcia-Valencia; granting motion to withdraw as counsel filed by Mr. Evan Gray Howze [8473128-2] [17-40021]

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Case: 17-40021 Document: 00514122949 Page: 1 Date Filed: 08/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40021 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 18, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. VICTOR HUGO GARCIA-VALENCIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-1247-1 Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Victor Hugo GarciaValencia 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-Valencia 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40021 Document: 00514122949 Page: 2 Date Filed: 08/18/2017 No. 17-40021 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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