United States v. Daniel Hernandez

Case: 12-41055 Document: 00512347203 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 20, 2013 No. 12-41055 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DANIEL OMAR HERNANDEZ, Defendant-Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10-CR-261-2 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* The attorney appointed to represent Daniel Omar 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). Hernandez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Hernandez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41055 Document: 00512347203 Page: 2 Date Filed: 08/20/2013 No. 12-41055 to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2